Illinois General Assembly - Full Text of SB3914
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Full Text of SB3914  102nd General Assembly




SB3914 EnrolledLRB102 24654 NLB 33893 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
524-6 and by adding Section 34-18.78 as follows:
6    (105 ILCS 5/24-6)
7    Sec. 24-6. Sick leave. The school boards of all school
8districts, including special charter districts, but not
9including school districts in municipalities of 500,000 or
10more, shall grant their full-time teachers, and also shall
11grant such of their other employees as are eligible to
12participate in the Illinois Municipal Retirement Fund under
13the "600-Hour Standard" established, or under such other
14eligibility participation standard as may from time to time be
15established, by rules and regulations now or hereafter
16promulgated by the Board of that Fund under Section 7-198 of
17the Illinois Pension Code, as now or hereafter amended, sick
18leave provisions not less in amount than 10 days at full pay in
19each school year. If any such teacher or employee does not use
20the full amount of annual leave thus allowed, the unused
21amount shall be allowed to accumulate to a minimum available
22leave of 180 days at full pay, including the leave of the
23current year. Sick leave shall be interpreted to mean personal



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1illness, mental or behavioral health complications, quarantine
2at home, or serious illness or death in the immediate family or
3household. The school board may require a certificate from a
4physician licensed in Illinois to practice medicine and
5surgery in all its branches, a mental health professional
6licensed in Illinois providing ongoing care or treatment to
7the teacher or employee, a chiropractic physician licensed
8under the Medical Practice Act of 1987, a licensed advanced
9practice registered nurse, a licensed physician assistant, or,
10if the treatment is by prayer or spiritual means, a spiritual
11adviser or practitioner of the teacher's or employee's faith
12as a basis for pay during leave after an absence of 3 days for
13personal illness or as the school board may deem necessary in
14other cases. If the school board does require a certificate as
15a basis for pay during leave of less than 3 days for personal
16illness, the school board shall pay, from school funds, the
17expenses incurred by the teachers or other employees in
18obtaining the certificate.
19    Sick leave shall also be interpreted to mean birth,
20adoption, placement for adoption, and the acceptance of a
21child in need of foster care. Teachers and other employees to
22which this Section applies are entitled to use up to 30 days of
23paid sick leave because of the birth of a child that is not
24dependent on the need to recover from childbirth. Paid sick
25leave because of the birth of a child may be used absent
26medical certification for up to 30 working school days, which



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1days may be used at any time within the 12-month period
2following the birth of the child. The use of up to 30 working
3school days of paid sick leave because of the birth of a child
4may not be diminished as a result of any intervening period of
5nonworking days or school not being in session, such as for
6summer, winter, or spring break or holidays, that may occur
7during the use of the paid sick leave. For paid sick leave for
8adoption, placement for adoption, or the acceptance of a child
9in need of foster care, the school board may require that the
10teacher or other employee to which this Section applies
11provide evidence that the formal adoption process or the
12formal foster care process is underway, and such sick leave is
13limited to 30 days unless a longer leave has been negotiated
14with the exclusive bargaining representative. Paid sick leave
15for adoption, placement for adoption, or the acceptance of a
16child in need of foster care need not be used consecutively
17once the formal adoption process or the formal foster care
18process is underway, and such sick leave may be used for
19reasons related to the formal adoption process or the formal
20foster care process prior to taking custody of the child or
21accepting the child in need of foster care, in addition to
22using such sick leave upon taking custody of the child or
23accepting the child in need of foster care.
24    If, by reason of any change in the boundaries of school
25districts, or by reason of the creation of a new school
26district, the employment of a teacher is transferred to a new



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1or different board, the accumulated sick leave of such teacher
2is not thereby lost, but is transferred to such new or
3different district.
4    For purposes of this Section, "immediate family" shall
5include parents, spouse, brothers, sisters, children,
6grandparents, grandchildren, parents-in-law, brothers-in-law,
7sisters-in-law, and legal guardians.
8(Source: P.A. 102-275, eff. 8-6-21.)
9    (105 ILCS 5/34-18.78 new)
10    Sec. 34-18.78. Sick leave; mental or behavioral health
11complications. In addition to any interpretation or definition
12included in a collective bargaining agreement or board of
13education or district policy, sick leave, or its equivalent,
14to which a teacher or other eligible employee is entitled
15shall be interpreted to include mental or behavioral health
16complications. Unless contrary to a collective bargaining
17agreement or board of education or district policy, the board
18may require a certificate from a mental health professional
19licensed in Illinois providing ongoing care or treatment to
20the teacher or employee as a basis for pay during leave after
21an absence of 3 days for mental or behavioral health
23    Section 99. Effective date. This Act takes effect upon
24becoming law.