HB2778sam003 102ND GENERAL ASSEMBLY

Sen. Christopher Belt

Filed: 10/26/2021

10200HB2778sam003 LRB102 14280 CMG 30216 a

AMENDMENT TO HOUSE BILL 2778

AMENDMENT NO. ______. Amend House Bill 2778 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Sections 10-20.56 and 24-6 and by adding Sections 10-20.82, 34-18.77, and 34-85e as follows:

(105 ILCS 5/10-20.56)

(Text of Section before amendment by P.A. 102-584)

Sec. 10-20.56. E-learning days.

(a) The State Board of Education shall establish and maintain, for implementation in school districts, a program for use of electronic-learning (e-learning) days, as described in this Section. School districts may utilize a program approved under this Section for use during remote learning days and blended remote learning days under Section 10-30 or 34-18.66.

(b) The school board of a school district may, by resolution, adopt a research-based program or research-based programs for e-learning days district-wide that shall permit student instruction to be received electronically while students are not physically present in lieu of the district's scheduled emergency days as required by Section 10-19 of this Code. The research-based program or programs may not exceed the minimum number of emergency days in the approved school calendar and must be verified by the regional office of education or intermediate service center for the school district on or before September 1st annually to ensure access for all students. The regional office of education or intermediate service center shall ensure that the specific needs of all students are met, including special education students and English learners, and that all mandates are still met using the proposed research-based program. The e-learning program may utilize the Internet, telephones, texts, chat rooms, or other similar means of electronic communication for instruction and interaction between teachers and students that meet the needs of all learners. The e-learning program shall address the school district's responsibility to ensure that all teachers and staff who may be involved in the provision of e-learning have access to any and all hardware and software that may be required for the program. If a proposed program does not address this responsibility, the school district must propose an alternate program.

(c) Before its adoption by a school board, the school board must hold a public hearing on a school district's initial proposal for an e-learning program or for renewal of such a program, at a regular or special meeting of the school board, in which the terms of the proposal must be substantially presented and an opportunity for allowing public comments must be provided. Notice of such public hearing must be provided at least 10 days prior to the hearing by:

(1) publication in a newspaper of general circulation in the school district;

(2) written or electronic notice designed to reach the parents or guardians of all students enrolled in the school district; and

(3) written or electronic notice designed to reach any exclusive collective bargaining representatives of school district employees and all those employees not in a collective bargaining unit.

(d) The regional office of education or intermediate service center for the school district must timely verify that a proposal for an e-learning program has met the requirements specified in this Section and that the proposal contains provisions designed to reasonably and practicably accomplish the following:

(1) to ensure and verify at least 5 clock hours of instruction or school work, as required under Section 10-19.05, for each student participating in an e-learning day;

(2) to ensure access from home or other appropriate remote facility for all students participating, including computers, the Internet, and other forms of electronic communication that must be utilized in the proposed program;

(2.5) to ensure that non-electronic materials are made available to students participating in the program who do not have access to the required technology or to participating teachers or students who are prevented from accessing the required technology;

(3) to ensure appropriate learning opportunities for students with special needs;

(4) to monitor and verify each student's electronic participation;

(5) to address the extent to which student participation is within the student's control as to the time, pace, and means of learning;

(6) to provide effective notice to students and their parents or guardians of the use of particular days for e-learning;

(7) to provide staff and students with adequate training for e-learning days' participation;

(8) to ensure an opportunity for any collective bargaining negotiations with representatives of the school district's employees that would be legally required, including all classifications of school district employees who are represented by collective bargaining agreements and who would be affected in the event of an e-learning day;

(9) to review and revise the program as implemented to address difficulties confronted; and

(10) to ensure that the protocol regarding general expectations and responsibilities of the program is communicated to teachers, staff, and students at least 30 days prior to utilizing an e-learning day.

The school board's approval of a school district's initial e-learning program and renewal of the e-learning program shall be for a term of 3 years.

(d-10) A school district shall pay to its employees who provide educational support services to the district, including, but not limited to, custodial, transportation, food service providers, classroom assistants, or administrative staff, their daily, regular rate of pay and benefits rendered for any school closure or e-learning day if the closure precludes them from performing their regularly scheduled duties and the employee would have reported for work but for the closure.

(d-15) A school district shall make full payment that would have otherwise been paid to its contractors who provide educational support services to the district, including, but not limited to, custodial, transportation, food service providers, classroom assistants, or administrative staff, their daily, regular rate of pay and benefits rendered for any school closure or e-learning day if any closure precludes them from performing their regularly scheduled duties and employees would have reported for work but for the closure. The employees who provide the support services covered by such contracts shall be paid their daily bid package rates and benefits as defined by their local operating agreements or collective bargaining agreements.

(e) The State Board of Education may adopt rules consistent with the provision of this Section.

(Source: P.A. 100-760, eff. 8-10-18; 101-12, eff. 7-1-19; 101-643, eff. 6-18-20.)

(Text of Section after amendment by P.A. 102-584)

Sec. 10-20.56. E-learning days.

(a) The State Board of Education shall establish and maintain, for implementation in school districts, a program for use of electronic-learning (e-learning) days, as described in this Section. School districts may utilize a program approved under this Section for use during remote learning days and blended remote learning days under Section 10-30 or 34-18.66.

(b) The school board of a school district may, by resolution, adopt a research-based program or research-based programs for e-learning days district-wide that shall permit student instruction to be received electronically while students are not physically present in lieu of the district's scheduled emergency days as required by Section 10-19 of this Code or because a school was selected to be a polling place under Section 11-4.1 of the Election Code. The research-based program or programs may not exceed the minimum number of emergency days in the approved school calendar and must be verified by the regional office of education or intermediate service center for the school district on or before September 1st annually to ensure access for all students. The regional office of education or intermediate service center shall ensure that the specific needs of all students are met, including special education students and English learners, and that all mandates are still met using the proposed research-based program. The e-learning program may utilize the Internet, telephones, texts, chat rooms, or other similar means of electronic communication for instruction and interaction between teachers and students that meet the needs of all learners. The e-learning program shall address the school district's responsibility to ensure that all teachers and staff who may be involved in the provision of e-learning have access to any and all hardware and software that may be required for the program. If a proposed program does not address this responsibility, the school district must propose an alternate program.

(c) Before its adoption by a school board, the school board must hold a public hearing on a school district's initial proposal for an e-learning program or for renewal of such a program, at a regular or special meeting of the school board, in which the terms of the proposal must be substantially presented and an opportunity for allowing public comments must be provided. Notice of such public hearing must be provided at least 10 days prior to the hearing by:

(1) publication in a newspaper of general circulation in the school district;

(2) written or electronic notice designed to reach the parents or guardians of all students enrolled in the school district; and

(3) written or electronic notice designed to reach any exclusive collective bargaining representatives of school district employees and all those employees not in a collective bargaining unit.

(d) The regional office of education or intermediate service center for the school district must timely verify that a proposal for an e-learning program has met the requirements specified in this Section and that the proposal contains provisions designed to reasonably and practicably accomplish the following:

(1) to ensure and verify at least 5 clock hours of instruction or school work, as required under Section 10-19.05, for each student participating in an e-learning day;

(2) to ensure access from home or other appropriate remote facility for all students participating, including computers, the Internet, and other forms of electronic communication that must be utilized in the proposed program;

(2.5) to ensure that non-electronic materials are made available to students participating in the program who do not have access to the required technology or to participating teachers or students who are prevented from accessing the required technology;

(3) to ensure appropriate learning opportunities for students with special needs;

(4) to monitor and verify each student's electronic participation;

(5) to address the extent to which student participation is within the student's control as to the time, pace, and means of learning;

(6) to provide effective notice to students and their parents or guardians of the use of particular days for e-learning;

(7) to provide staff and students with adequate training for e-learning days' participation;

(8) to ensure an opportunity for any collective bargaining negotiations with representatives of the school district's employees that would be legally required, including all classifications of school district employees who are represented by collective bargaining agreements and who would be affected in the event of an e-learning day;

(9) to review and revise the program as implemented to address difficulties confronted; and

(10) to ensure that the protocol regarding general expectations and responsibilities of the program is communicated to teachers, staff, and students at least 30 days prior to utilizing an e-learning day.

The school board's approval of a school district's initial e-learning program and renewal of the e-learning program shall be for a term of 3 years.

(d-5) A school district shall pay to its contractors who provide educational support services to the district, including, but not limited to, custodial, transportation, or food service providers, their daily, regular rate of pay or billings rendered for any e-learning day that is used because a school was selected to be a polling place under Section 11-4.1 of the Election Code, except that this requirement does not apply to contractors who are paid under contracts that are entered into, amended, or renewed on or after March 15, 2022 or to contracts that otherwise address compensation for such e-learning days.

(d-10) A school district shall pay to its employees who provide educational support services to the district, including, but not limited to, custodial, transportation, food service providers, classroom assistants, or administrative staff, their daily, regular rate of pay and benefits rendered for any school closure or e-learning day if the closure precludes them from performing their regularly scheduled duties and the employee would have reported for work but for the closure.

(d-15) A school district shall make full payment that would have otherwise been paid to its contractors who provide educational support services to the district, including, but not limited to, custodial, transportation, food service providers, classroom assistants, or administrative staff, their daily, regular rate of pay and benefits rendered for any school closure or e-learning day if any closure precludes them from performing their regularly scheduled duties and employees would have reported for work but for the closure. The employees who provide the support services covered by such contracts shall be paid their daily bid package rates and benefits as defined by their local operating agreements or collective bargaining agreements.

(e) The State Board of Education may adopt rules consistent with the provision of this Section.

(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20; 102-584, eff. 6-1-22.)

(105 ILCS 5/10-20.82 new)

Sec. 10-20.82. COVID-19 paid administrative leave.

(a) During any time a school district, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the school district for purposes related to COVID-19 and public health from being on school district property, the employee of the school district shall receive as many days of administrative leave as required to abide by such public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.

(b) An employee of a school district shall receive paid administrative leave pursuant to subsection (a), unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child must be isolated or quarantined from others because the child has:

(1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen diagnostic test; or

(3) been in close contact with a person who has a confirmed case of COVID-19.

(c) An employee of a school district who is on paid administrative leave pursuant to this Section must provide all documentation requested by the school board.

(d) An employee of a school district who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section shall not diminish any other leave or benefits of the employee.

(e) An employee of the school district may not accrue paid administrative leave pursuant to this Section.

(f) For an employee of a school district to be eligible to receive paid administrative leave pursuant to this Section, the employee must:

(1) have received the recommended dose of a COVID-19 vaccine approved by the United States Food and Drug Administration; or

(2) participate in the COVID-19 testing program provided by the school district at least once a week.

(105 ILCS 5/24-6)

Sec. 24-6. Sick leave. The school boards of all school districts, including special charter districts, but not including school districts in municipalities of 500,000 or more, shall grant their full-time teachers, and also shall grant such of their other employees as are eligible to participate in the Illinois Municipal Retirement Fund under the "600-Hour Standard" established, or under such other eligibility participation standard as may from time to time be established, by rules and regulations now or hereafter promulgated by the Board of that Fund under Section 7-198 of the Illinois Pension Code, as now or hereafter amended, sick leave provisions not less in amount than 10 days at full pay in each school year. If any such teacher or employee does not use the full amount of annual leave thus allowed, the unused amount shall be allowed to accumulate to a minimum available leave of 180 days at full pay, including the leave of the current year. Sick leave shall be interpreted to mean personal illness, quarantine at home, or serious illness or death in the immediate family or household. The school board may require a certificate from a physician licensed in Illinois to practice medicine and surgery in all its branches, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice registered nurse, a licensed physician assistant, or, if the treatment is by prayer or spiritual means, a spiritual adviser or practitioner of the teacher's or employee's faith as a basis for pay during leave after an absence of 3 days for personal illness or as the school board may deem necessary in other cases. If the school board does require a certificate as a basis for pay during leave of less than 3 days for personal illness, the school board shall pay, from school funds, the expenses incurred by the teachers or other employees in obtaining the certificate.

Sick leave shall also be interpreted to mean birth, adoption, placement for adoption, and the acceptance of a child in need of foster care. Teachers and other employees to which this Section applies are entitled to use up to 30 days of paid sick leave because of the birth of a child that is not dependent on the need to recover from childbirth. Paid sick leave because of the birth of a child may be used absent medical certification for up to 30 working school days, which days may be used at any time within the 12-month period following the birth of the child. The use of up to 30 working school days of paid sick leave because of the birth of a child may not be diminished as a result of any intervening period of nonworking days or school not being in session, such as for summer, winter, or spring break or holidays, that may occur during the use of the paid sick leave. For paid sick leave for adoption, placement for adoption, or the acceptance of a child in need of foster care, the school board may require that the teacher or other employee to which this Section applies provide evidence that the formal adoption process or the formal foster care process is underway, and such sick leave is limited to 30 days unless a longer leave has been negotiated with the exclusive bargaining representative. Paid sick leave for adoption, placement for adoption, or the acceptance of a child in need of foster care need not be used consecutively once the formal adoption process or the formal foster care process is underway, and such sick leave may be used for reasons related to the formal adoption process or the formal foster care process prior to taking custody of the child or accepting the child in need of foster care, in addition to using such sick leave upon taking custody of the child or accepting the child in need of foster care.

If, by reason of any change in the boundaries of school districts, or by reason of the creation of a new school district, the employment of a teacher is transferred to a new or different board, the accumulated sick leave of such teacher is not thereby lost, but is transferred to such new or different district.

Any sick leave used by a teacher or employee during the 2021-2022 school year for reasons related to guidance, mandates, or rules issued by the school district, the State or any of its agencies, or a local public health department related to COVID-19 and public health shall be returned to the teacher or employee.

For purposes of this Section, "immediate family" shall include parents, spouse, brothers, sisters, children, grandparents, grandchildren, parents-in-law, brothers-in-law, sisters-in-law, and legal guardians.

(Source: P.A. 102-275, eff. 8-6-21.)

(105 ILCS 5/34-18.77 new)

Sec. 34-18.77. COVID-19 paid administrative leave.

(a) During any time the school district, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the school district for purposes related to COVID-19 and public health from being on school district property, the employee of the school district shall receive as many days of administrative leave as required to abide by such public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.

(b) An employee of the school district shall receive paid administrative leave pursuant to subsection (a), unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child must be isolated or quarantined from others because the child has:

(1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen diagnostic test; or

(3) been in close contact with a person who has a confirmed case of COVID-19.

(c) An employee of the school district who is on paid administrative leave pursuant to this Section must provide all documentation requested by the board.

(d) An employee of the school district who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section shall not diminish any other leave or benefits of the employee.

(e) An employee of the school district may not accrue paid administrative leave pursuant to this Section.

(f) For an employee of the school district to be eligible to receive paid administrative leave pursuant to this Section, the employee must:

(1) have received the recommended dose of a COVID-19 vaccine approved by the United States Food and Drug Administration; or

(2) participate in the COVID-19 testing program provided by the school district at least once a week.

(105 ILCS 5/34-85e new)

Sec. 34-85e. Sick leave related to COVID-19. Any sick leave used by a teacher or employee during the 2021-2022 school year for reasons related to guidance, mandates, or rules issued by the school district, the State or any of its agencies, or a local public health department related to COVID-19 and public health shall be returned to the teacher or employee.

Section 10. The University of Illinois Act is amended by adding Section 125 as follows:

(110 ILCS 305/125 new)

Sec. 125. COVID-19 paid administrative leave.

(a) During any time the Board of Trustees, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the university for purposes related to COVID-19 and public health from being on university property, the employee of the university shall receive as many days of administrative leave as required to abide by such public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.

(b) An employee of the university shall receive paid administrative leave pursuant to subsection (a), unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child must be isolated or quarantined from others because the child has:

(1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen diagnostic test; or

(3) been in close contact with a person who has a confirmed case of COVID-19.

(c) An employee of the university who is on paid administrative leave pursuant to this Section must provide all documentation requested by the Board of Trustees.

(d) An employee of the university who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section shall not diminish any other leave or benefits of the employee.

(e) An employee of the university may not accrue paid administrative leave pursuant to this Section.

(f) For an employee of the university to be eligible to receive paid administrative leave pursuant to this Section, the employee must:

(1) have received the recommended dose of a COVID-19 vaccine approved by the United States Food and Drug Administration; or

(2) participate in the COVID-19 testing program provided by the university at least once a week.

Section 15. The Southern Illinois University Management Act is amended by adding Section 105 as follows:

(110 ILCS 520/105 new)

Sec. 105. COVID-19 paid administrative leave.

(a) During any time the Board, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the university for purposes related to COVID-19 and public health from being on university property, the employee of the university shall receive as many days of administrative leave as required to abide by such public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.

(b) An employee of the university shall receive paid administrative leave pursuant to subsection (a), unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child must be isolated or quarantined from others because the child has:

(1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen diagnostic test; or

(3) been in close contact with a person who has a confirmed case of COVID-19.

(c) An employee of the university who is on paid administrative leave pursuant to this Section must provide all documentation requested by the Board.

(d) An employee of the university who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section shall not diminish any other leave or benefits of the employee.

(e) An employee of the university may not accrue paid administrative leave pursuant to this Section.

(f) For an employee of the university to be eligible to receive paid administrative leave pursuant to this Section, the employee must:

(1) have received the recommended dose of a COVID-19 vaccine approved by the United States Food and Drug Administration; or

(2) participate in the COVID-19 testing program provided by the university at least once a week.

Section 20. The Chicago State University Law is amended by adding Section 5-215 as follows:

(110 ILCS 660/5-215 new)

Sec. 5-215. COVID-19 paid administrative leave.

(a) During any time the Board, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the university for purposes related to COVID-19 and public health from being on university property, the employee of the university shall receive as many days of administrative leave as required to abide by such public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.

(b) An employee of the university shall receive paid administrative leave pursuant to subsection (a), unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child must be isolated or quarantined from others because the child has:

(1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen diagnostic test; or

(3) been in close contact with a person who has a confirmed case of COVID-19.

(c) An employee of the university who is on paid administrative leave pursuant to this Section must provide all documentation requested by the Board.

(d) An employee of the university who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section shall not diminish any other leave or benefits of the employee.

(e) An employee of the university may not accrue paid administrative leave pursuant to this Section.

(f) For an employee of the university to be eligible to receive paid administrative leave pursuant to this Section, the employee must:

(1) have received the recommended dose of a COVID-19 vaccine approved by the United States Food and Drug Administration; or

(2) participate in the COVID-19 testing program provided by the university at least once a week.

Section 25. The Eastern Illinois University Law is amended by adding Section 10-215 as follows:

(110 ILCS 665/10-215 new)

Sec. 10-215. COVID-19 paid administrative leave.

(a) During any time the Board, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the university for purposes related to COVID-19 and public health from being on university property, the employee of the university shall receive as many days of administrative leave as required to abide by such public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.

(b) An employee of the university shall receive paid administrative leave pursuant to subsection (a), unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child must be isolated or quarantined from others because the child has:

(1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen diagnostic test; or

(3) been in close contact with a person who has a confirmed case of COVID-19.

(c) An employee of the university who is on paid administrative leave pursuant to this Section must provide all documentation requested by the Board.

(d) An employee of the university who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section shall not diminish any other leave or benefits of the employee.

(e) An employee of the university may not accrue paid administrative leave pursuant to this Section.

(f) For an employee of the university to be eligible to receive paid administrative leave pursuant to this Section, the employee must:

(1) have received the recommended dose of a COVID-19 vaccine approved by the United States Food and Drug Administration; or

(2) participate in the COVID-19 testing program provided by the university at least once a week.

Section 30. The Governors State University Law is amended by adding Section 15-215 as follows:

(110 ILCS 670/15-215 new)

Sec. 15-215. COVID-19 paid administrative leave.

(a) During any time the Board, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the university for purposes related to COVID-19 and public health from being on university property, the employee of the university shall receive as many days of administrative leave as required to abide by such public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.

(b) An employee of the university shall receive paid administrative leave pursuant to subsection (a), unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child must be isolated or quarantined from others because the child has:

(1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen diagnostic test; or

(3) been in close contact with a person who has a confirmed case of COVID-19.

(c) An employee of the university who is on paid administrative leave pursuant to this Section must provide all documentation requested by the Board.

(d) An employee of the university who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section shall not diminish any other leave or benefits of the employee.

(e) An employee of the university may not accrue paid administrative leave pursuant to this Section.

(f) For an employee of the university to be eligible to receive paid administrative leave pursuant to this Section, the employee must:

(1) have received the recommended dose of a COVID-19 vaccine approved by the United States Food and Drug Administration; or

(2) participate in the COVID-19 testing program provided by the university at least once a week.

Section 35. The Illinois State University Law is amended by adding Section 20-220 as follows:

(110 ILCS 675/20-220 new)

Sec. 20-220. COVID-19 paid administrative leave.

(a) During any time the Board, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the university for purposes related to COVID-19 and public health from being on university property, the employee of the university shall receive as many days of administrative leave as required to abide by such public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.

(b) An employee of the university shall receive paid administrative leave pursuant to subsection (a), unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child must be isolated or quarantined from others because the child has:

(1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen diagnostic test; or

(3) been in close contact with a person who has a confirmed case of COVID-19.

(c) An employee of the university who is on paid administrative leave pursuant to this Section must provide all documentation requested by the Board.

(d) An employee of the university who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section shall not diminish any other leave or benefits of the employee.

(e) An employee of the university may not accrue paid administrative leave pursuant to this Section.

(f) For an employee of the university to be eligible to receive paid administrative leave pursuant to this Section, the employee must:

(1) have received the recommended dose of a COVID-19 vaccine approved by the United States Food and Drug Administration; or

(2) participate in the COVID-19 testing program provided by the university at least once a week.

Section 40. The Northeastern Illinois University Law is amended by adding Section 25-215 as follows:

(110 ILCS 680/25-215 new)

Sec. 25-215. COVID-19 paid administrative leave.

(a) During any time the Board, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the university for purposes related to COVID-19 and public health from being on university property, the employee of the university shall receive as many days of administrative leave as required to abide by such public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.

(b) An employee of the university shall receive paid administrative leave pursuant to subsection (a), unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child must be isolated or quarantined from others because the child has:

(1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen diagnostic test; or

(3) been in close contact with a person who has a confirmed case of COVID-19.

(c) An employee of the university who is on paid administrative leave pursuant to this Section must provide all documentation requested by the Board.

(d) An employee of the university who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section shall not diminish any other leave or benefits of the employee.

(e) An employee of the university may not accrue paid administrative leave pursuant to this Section.

(f) For an employee of the university to be eligible to receive paid administrative leave pursuant to this Section, the employee must:

(1) have received the recommended dose of a COVID-19 vaccine approved by the United States Food and Drug Administration; or

(2) participate in the COVID-19 testing program provided by the university at least once a week.

Section 45. The Northern Illinois University Law is amended by adding Section 30-225 as follows:

(110 ILCS 685/30-225 new)

Sec. 30-225. COVID-19 paid administrative leave.

(a) During any time the Board, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the university for purposes related to COVID-19 and public health from being on university property, the employee of the university shall receive as many days of administrative leave as required to abide by such public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.

(b) An employee of the university shall receive paid administrative leave pursuant to subsection (a), unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child must be isolated or quarantined from others because the child has:

(1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen diagnostic test; or

(3) been in close contact with a person who has a confirmed case of COVID-19.

(c) An employee of the university who is on paid administrative leave pursuant to this Section must provide all documentation requested by the Board.

(d) An employee of the university who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section shall not diminish any other leave or benefits of the employee.

(e) An employee of the university may not accrue paid administrative leave pursuant to this Section.

(f) For an employee of the university to be eligible to receive paid administrative leave pursuant to this Section, the employee must:

(1) have received the recommended dose of a COVID-19 vaccine approved by the United States Food and Drug Administration; or

(2) participate in the COVID-19 testing program provided by the university at least once a week.

Section 50. The Western Illinois University Law is amended by adding Section 35-220 as follows:

(110 ILCS 690/35-220 new)

Sec. 35-220. COVID-19 paid administrative leave.

(a) During any time the Board, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the university for purposes related to COVID-19 and public health from being on university property, the employee of the university shall receive as many days of administrative leave as required to abide by such public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.

(b) An employee of the university shall receive paid administrative leave pursuant to subsection (a), unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child must be isolated or quarantined from others because the child has:

(1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen diagnostic test; or

(3) been in close contact with a person who has a confirmed case of COVID-19.

(c) An employee of the university who is on paid administrative leave pursuant to this Section must provide all documentation requested by the Board.

(d) An employee of the university who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section shall not diminish any other leave or benefits of the employee.

(e) An employee of the university may not accrue paid administrative leave pursuant to this Section.

(f) For an employee of the university to be eligible to receive paid administrative leave pursuant to this Section, the employee must:

(1) have received the recommended dose of a COVID-19 vaccine approved by the United States Food and Drug Administration; or

(2) participate in the COVID-19 testing program provided by the university at least once a week.

Section 55. The Public Community College Act is amended by adding Section 3-29.15 as follows:

(110 ILCS 805/3-29.15 new)

Sec. 3-29.15. COVID-19 paid administrative leave.

(a) During any time the board, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the community college district for purposes related to COVID-19 and public health from being on district property, the employee of the district shall receive as many days of administrative leave as required to abide by such public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act.

(b) An employee of the community college district shall receive paid administrative leave pursuant to subsection (a), unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child must be isolated or quarantined from others because the child has:

(1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;

(2) a probable COVID-19 diagnosis via an antigen diagnostic test; or

(3) been in close contact with a person who has a confirmed case of COVID-19.

(c) An employee of the community college district who is on paid administrative leave pursuant to this Section must provide all documentation requested by the board.

(d) An employee of the community college district who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section shall not diminish any other leave or benefits of the employee.

(e) An employee of the community college district may not accrue paid administrative leave pursuant to this Section.

(f) For an employee of the community college district to be eligible to receive paid administrative leave pursuant to this Section, the employee must:

(1) have received the recommended dose of a COVID-19 vaccine approved by the United States Food and Drug Administration; or

(2) participate in the COVID-19 testing program provided by the community college district at least once a week.

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 99. Effective date. This Act takes effect upon becoming law.".