Illinois General Assembly - Full Text of HB2778
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Full Text of HB2778  102nd General Assembly

HB2778sam002 102ND GENERAL ASSEMBLY

Sen. Christopher Belt

Filed: 10/21/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2778

2    AMENDMENT NO. ______. Amend House Bill 2778 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 10-20.56 and 24-6 and by adding Sections 10-20.76 and
634-18.77 as follows:
 
7    (105 ILCS 5/10-20.56)
8    Sec. 10-20.56. E-learning days.
9    (a) The State Board of Education shall establish and
10maintain, for implementation in school districts, a program
11for use of electronic-learning (e-learning) days, as described
12in this Section. School districts may utilize a program
13approved under this Section for use during remote learning
14days and blended remote learning days under Section 10-30 or
1534-18.66.
16    (b) The school board of a school district may, by

 

 

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1resolution, adopt a research-based program or research-based
2programs for e-learning days district-wide that shall permit
3student instruction to be received electronically while
4students are not physically present in lieu of the district's
5scheduled emergency days as required by Section 10-19 of this
6Code. The research-based program or programs may not exceed
7the minimum number of emergency days in the approved school
8calendar and must be verified by the regional office of
9education or intermediate service center for the school
10district on or before September 1st annually to ensure access
11for all students. The regional office of education or
12intermediate service center shall ensure that the specific
13needs of all students are met, including special education
14students and English learners, and that all mandates are still
15met using the proposed research-based program. The e-learning
16program may utilize the Internet, telephones, texts, chat
17rooms, or other similar means of electronic communication for
18instruction and interaction between teachers and students that
19meet the needs of all learners. The e-learning program shall
20address the school district's responsibility to ensure that
21all teachers and staff who may be involved in the provision of
22e-learning have access to any and all hardware and software
23that may be required for the program. If a proposed program
24does not address this responsibility, the school district must
25propose an alternate program.
26    (c) Before its adoption by a school board, the school

 

 

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1board must hold a public hearing on a school district's
2initial proposal for an e-learning program or for renewal of
3such a program, at a regular or special meeting of the school
4board, in which the terms of the proposal must be
5substantially presented and an opportunity for allowing public
6comments must be provided. Notice of such public hearing must
7be provided at least 10 days prior to the hearing by:
8        (1) publication in a newspaper of general circulation
9    in the school district;
10        (2) written or electronic notice designed to reach the
11    parents or guardians of all students enrolled in the
12    school district; and
13        (3) written or electronic notice designed to reach any
14    exclusive collective bargaining representatives of school
15    district employees and all those employees not in a
16    collective bargaining unit.
17    (d) The regional office of education or intermediate
18service center for the school district must timely verify that
19a proposal for an e-learning program has met the requirements
20specified in this Section and that the proposal contains
21provisions designed to reasonably and practicably accomplish
22the following:
23        (1) to ensure and verify at least 5 clock hours of
24    instruction or school work, as required under Section
25    10-19.05, for each student participating in an e-learning
26    day;

 

 

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1        (2) to ensure access from home or other appropriate
2    remote facility for all students participating, including
3    computers, the Internet, and other forms of electronic
4    communication that must be utilized in the proposed
5    program;
6        (2.5) to ensure that non-electronic materials are made
7    available to students participating in the program who do
8    not have access to the required technology or to
9    participating teachers or students who are prevented from
10    accessing the required technology;
11        (3) to ensure appropriate learning opportunities for
12    students with special needs;
13        (4) to monitor and verify each student's electronic
14    participation;
15        (5) to address the extent to which student
16    participation is within the student's control as to the
17    time, pace, and means of learning;
18        (6) to provide effective notice to students and their
19    parents or guardians of the use of particular days for
20    e-learning;
21        (7) to provide staff and students with adequate
22    training for e-learning days' participation;
23        (8) to ensure an opportunity for any collective
24    bargaining negotiations with representatives of the school
25    district's employees that would be legally required,
26    including all classifications of school district employees

 

 

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1    who are represented by collective bargaining agreements
2    and who would be affected in the event of an e-learning
3    day;
4        (9) to review and revise the program as implemented to
5    address difficulties confronted; and
6        (10) to ensure that the protocol regarding general
7    expectations and responsibilities of the program is
8    communicated to teachers, staff, and students at least 30
9    days prior to utilizing an e-learning day.
10    The school board's approval of a school district's initial
11e-learning program and renewal of the e-learning program shall
12be for a term of 3 years.
13    (d-5) A school district shall pay to its employees who
14provide educational support services to the district,
15including, but not limited to, custodial, transportation, food
16service providers, classroom assistants, or administrative
17staff, their daily, regular rate of pay and benefits rendered
18for any school closure or e-learning day if the closure
19precludes them from performing their regularly scheduled
20duties and the employee would have reported for work but for
21the closure.
22    (d-10) A school district shall make full payment that
23would have otherwise been paid to its contractors who provide
24educational support services to the district, including, but
25not limited to, custodial, transportation, food service
26providers, classroom assistants, or administrative staff,

 

 

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1their daily, regular rate of pay and benefits rendered for any
2school closure or e-learning day if any closure precludes them
3from performing their regularly scheduled duties and employees
4would have reported for work but for the closure. The
5employees who provide the support services covered by such
6contracts shall be paid their daily bid package rates and
7benefits as defined by their local operating agreements or
8collective bargaining agreements.
9    (e) The State Board of Education may adopt rules
10consistent with the provision of this Section.
11(Source: P.A. 100-760, eff. 8-10-18; 101-12, eff. 7-1-19;
12101-643, eff. 6-18-20.)
 
13    (105 ILCS 5/10-20.76 new)
14    Sec. 10-20.76. COVID-19 paid administrative leave.
15    (a) During any time a school district, the State or any of
16its agencies, or a local public health department has issued
17guidance, mandates, or rules related to COVID-19 that restrict
18an employee of the school district for purposes related to
19COVID-19 and public health from being on school district
20property, the employee of the school district shall receive as
21many days of administrative leave as required to abide by such
22public health guidance, mandates, and requirements issued by
23the Department of Public Health, unless a longer period of
24paid administrative leave has been negotiated with the
25exclusive bargaining representative, when the Governor has

 

 

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1declared a disaster due to a public health emergency pursuant
2to Section 7 of the Illinois Emergency Management Agency Act.
3    (b) An employee of a school district shall receive paid
4administrative leave pursuant to subsection (a), unless a
5longer period of paid administrative leave has been negotiated
6with the exclusive bargaining representative, to care for a
7child of the employee if the child is unable to attend
8elementary or secondary school because the child must be
9isolated or quarantined from others because the child has:
10        (1) a confirmed positive COVID-19 diagnosis via a
11    molecular amplification diagnostic test, such as a
12    polymerase chain reaction (PCR) test for COVID-19;
13        (2) a probable COVID-19 diagnosis via an antigen
14    diagnostic test; or
15        (3) been in close contact with a person who has a
16    confirmed case of COVID-19.
17    (c) An employee of a school district who is on paid
18administrative leave pursuant to this Section must provide all
19documentation requested by the school board.
20    (d) An employee of a school district who is on paid
21administrative leave pursuant to this Section shall receive
22the employee's regular rate of pay. The use of a paid
23administrative leave day or days by an employee pursuant to
24this Section shall not diminish any other leave or benefits of
25the employee.
26    (e) An employee of the school district may not accrue paid

 

 

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1administrative leave pursuant to this Section.
2    (f) For an employee of a school district to be eligible to
3receive paid administrative leave pursuant to this Section,
4the employee must:
5        (1) have received the recommended dose of a COVID-19
6    vaccine approved by the United States Food and Drug
7    Administration; or
8        (2) participate in the COVID-19 testing program
9    provided by the school district at least once a week.
 
10    (105 ILCS 5/24-6)
11    Sec. 24-6. Sick leave. The school boards of all school
12districts, including special charter districts, but not
13including school districts in municipalities of 500,000 or
14more, shall grant their full-time teachers, and also shall
15grant such of their other employees as are eligible to
16participate in the Illinois Municipal Retirement Fund under
17the "600-Hour Standard" established, or under such other
18eligibility participation standard as may from time to time be
19established, by rules and regulations now or hereafter
20promulgated by the Board of that Fund under Section 7-198 of
21the Illinois Pension Code, as now or hereafter amended, sick
22leave provisions not less in amount than 10 days at full pay in
23each school year. If any such teacher or employee does not use
24the full amount of annual leave thus allowed, the unused
25amount shall be allowed to accumulate to a minimum available

 

 

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1leave of 180 days at full pay, including the leave of the
2current year. Sick leave shall be interpreted to mean personal
3illness, quarantine at home, or serious illness or death in
4the immediate family or household. The school board may
5require a certificate from a physician licensed in Illinois to
6practice medicine and surgery in all its branches, a
7chiropractic physician licensed under the Medical Practice Act
8of 1987, a licensed advanced practice registered nurse, a
9licensed physician assistant, or, if the treatment is by
10prayer or spiritual means, a spiritual adviser or practitioner
11of the teacher's or employee's faith as a basis for pay during
12leave after an absence of 3 days for personal illness or as the
13school board may deem necessary in other cases. If the school
14board does require a certificate as a basis for pay during
15leave of less than 3 days for personal illness, the school
16board shall pay, from school funds, the expenses incurred by
17the teachers or other employees in obtaining the certificate.
18    Sick leave shall also be interpreted to mean birth,
19adoption, placement for adoption, and the acceptance of a
20child in need of foster care. Teachers and other employees to
21which this Section applies are entitled to use up to 30 days of
22paid sick leave because of the birth of a child that is not
23dependent on the need to recover from childbirth. Paid sick
24leave because of the birth of a child may be used absent
25medical certification for up to 30 working school days, which
26days may be used at any time within the 12-month period

 

 

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

 

 

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1is not thereby lost, but is transferred to such new or
2different district.
3    Any sick leave used by a teacher or employee during the
42021-2022 school year for reasons related to guidance,
5mandates, or rules issued by the school district, the State or
6any of its agencies, or a local public health department
7related to COVID-19 and public health shall be returned to the
8teacher or employee.
9    For purposes of this Section, "immediate family" shall
10include parents, spouse, brothers, sisters, children,
11grandparents, grandchildren, parents-in-law, brothers-in-law,
12sisters-in-law, and legal guardians.
13(Source: P.A. 102-275, eff. 8-6-21.)
 
14    (105 ILCS 5/34-18.77 new)
15    Sec. 34-18.77. COVID-19 paid administrative leave.
16    (a) During any time the school district, the State or any
17of its agencies, or a local public health department has
18issued guidance, mandates, or rules related to COVID-19 that
19restrict an employee of the school district for purposes
20related to COVID-19 and public health from being on school
21district property, the employee of the school district shall
22receive as many days of administrative leave as required to
23abide by such public health guidance, mandates, and
24requirements issued by the Department of Public Health, unless
25a longer period of paid administrative leave has been

 

 

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1negotiated with the exclusive bargaining representative, when
2the Governor has declared a disaster due to a public health
3emergency pursuant to Section 7 of the Illinois Emergency
4Management Agency Act.
5    (b) An employee of the school district shall receive paid
6administrative leave pursuant to subsection (a), unless a
7longer period of paid administrative leave has been negotiated
8with the exclusive bargaining representative, to care for a
9child of the employee if the child is unable to attend
10elementary or secondary school because the child must be
11isolated or quarantined from others because the child has:
12        (1) a confirmed positive COVID-19 diagnosis via a
13    molecular amplification diagnostic test, such as a
14    polymerase chain reaction (PCR) test for COVID-19;
15        (2) a probable COVID-19 diagnosis via an antigen
16    diagnostic test; or
17        (3) been in close contact with a person who has a
18    confirmed case of COVID-19.
19    (c) An employee of the school district who is on paid
20administrative leave pursuant to this Section must provide all
21documentation requested by the board.
22    (d) An employee of the school district who is on paid
23administrative leave pursuant to this Section shall receive
24the employee's regular rate of pay. The use of a paid
25administrative leave day or days by an employee pursuant to
26this Section shall not diminish any other leave or benefits of

 

 

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1the employee.
2    (e) An employee of the school district may not accrue paid
3administrative leave pursuant to this Section.
4    (f) For an employee of the school district to be eligible
5to receive paid administrative leave pursuant to this Section,
6the employee must:
7        (1) have received the recommended dose of a COVID-19
8    vaccine approved by the United States Food and Drug
9    Administration; or
10        (2) participate in the COVID-19 testing program
11    provided by the school district at least once a week.
 
12    Section 10. The University of Illinois Act is amended by
13adding Section 125 as follows:
 
14    (110 ILCS 305/125 new)
15    Sec. 125. COVID-19 paid administrative leave.
16    (a) During any time the Board of Trustees, the State or any
17of its agencies, or a local public health department has
18issued guidance, mandates, or rules related to COVID-19 that
19restrict an employee of the university for purposes related to
20COVID-19 and public health from being on university property,
21the employee of the university shall receive as many days of
22administrative leave as required to abide by such public
23health guidance, mandates, and requirements issued by the
24Department of Public Health, unless a longer period of paid

 

 

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1administrative leave has been negotiated with the exclusive
2bargaining representative, when the Governor has declared a
3disaster due to a public health emergency pursuant to Section
47 of the Illinois Emergency Management Agency Act.
5    (b) An employee of the university shall receive paid
6administrative leave pursuant to subsection (a), unless a
7longer period of paid administrative leave has been negotiated
8with the exclusive bargaining representative, to care for a
9child of the employee if the child is unable to attend
10elementary or secondary school because the child must be
11isolated or quarantined from others because the child has:
12        (1) a confirmed positive COVID-19 diagnosis via a
13    molecular amplification diagnostic test, such as a
14    polymerase chain reaction (PCR) test for COVID-19;
15        (2) a probable COVID-19 diagnosis via an antigen
16    diagnostic test; or
17        (3) been in close contact with a person who has a
18    confirmed case of COVID-19.
19    (c) An employee of the university who is on paid
20administrative leave pursuant to this Section must provide all
21documentation requested by the Board of Trustees.
22    (d) An employee of the university who is on paid
23administrative leave pursuant to this Section shall receive
24the employee's regular rate of pay. The use of a paid
25administrative leave day or days by an employee pursuant to
26this Section shall not diminish any other leave or benefits of

 

 

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1the employee.
2    (e) An employee of the university may not accrue paid
3administrative leave pursuant to this Section.
4    (f) For an employee of the university to be eligible to
5receive paid administrative leave pursuant to this Section,
6the employee must:
7        (1) have received the recommended dose of a COVID-19
8    vaccine approved by the United States Food and Drug
9    Administration; or
10        (2) participate in the COVID-19 testing program
11    provided by the university at least once a week.
 
12    Section 15. The Southern Illinois University Management
13Act is amended by adding Section 105 as follows:
 
14    (110 ILCS 520/105 new)
15    Sec. 105. COVID-19 paid administrative leave.
16    (a) During any time the Board, the State or any of its
17agencies, or a local public health department has issued
18guidance, mandates, or rules related to COVID-19 that restrict
19an employee of the university for purposes related to COVID-19
20and public health from being on university property, the
21employee of the university shall receive as many days of
22administrative leave as required to abide by such public
23health guidance, mandates, and requirements issued by the
24Department of Public Health, unless a longer period of paid

 

 

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1administrative leave has been negotiated with the exclusive
2bargaining representative, when the Governor has declared a
3disaster due to a public health emergency pursuant to Section
47 of the Illinois Emergency Management Agency Act.
5    (b) An employee of the university shall receive paid
6administrative leave pursuant to subsection (a), unless a
7longer period of paid administrative leave has been negotiated
8with the exclusive bargaining representative, to care for a
9child of the employee if the child is unable to attend
10elementary or secondary school because the child must be
11isolated or quarantined from others because the child has:
12        (1) a confirmed positive COVID-19 diagnosis via a
13    molecular amplification diagnostic test, such as a
14    polymerase chain reaction (PCR) test for COVID-19;
15        (2) a probable COVID-19 diagnosis via an antigen
16    diagnostic test; or
17        (3) been in close contact with a person who has a
18    confirmed case of COVID-19.
19    (c) An employee of the university who is on paid
20administrative leave pursuant to this Section must provide all
21documentation requested by the Board.
22    (d) An employee of the university who is on paid
23administrative leave pursuant to this Section shall receive
24the employee's regular rate of pay. The use of a paid
25administrative leave day or days by an employee pursuant to
26this Section shall not diminish any other leave or benefits of

 

 

10200HB2778sam002- 17 -LRB102 14280 NHT 30093 a

1the employee.
2    (e) An employee of the university may not accrue paid
3administrative leave pursuant to this Section.
4    (f) For an employee of the university to be eligible to
5receive paid administrative leave pursuant to this Section,
6the employee must:
7        (1) have received the recommended dose of a COVID-19
8    vaccine approved by the United States Food and Drug
9    Administration; or
10        (2) participate in the COVID-19 testing program
11    provided by the university at least once a week.
 
12    Section 20. The Chicago State University Law is amended by
13adding Section 5-215 as follows:
 
14    (110 ILCS 660/5-215 new)
15    Sec. 5-215. COVID-19 paid administrative leave.
16    (a) During any time the Board, the State or any of its
17agencies, or a local public health department has issued
18guidance, mandates, or rules related to COVID-19 that restrict
19an employee of the university for purposes related to COVID-19
20and public health from being on university property, the
21employee of the university shall receive as many days of
22administrative leave as required to abide by such public
23health guidance, mandates, and requirements issued by the
24Department of Public Health, unless a longer period of paid

 

 

10200HB2778sam002- 18 -LRB102 14280 NHT 30093 a

1administrative leave has been negotiated with the exclusive
2bargaining representative, when the Governor has declared a
3disaster due to a public health emergency pursuant to Section
47 of the Illinois Emergency Management Agency Act.
5    (b) An employee of the university shall receive paid
6administrative leave pursuant to subsection (a), unless a
7longer period of paid administrative leave has been negotiated
8with the exclusive bargaining representative, to care for a
9child of the employee if the child is unable to attend
10elementary or secondary school because the child must be
11isolated or quarantined from others because the child has:
12        (1) a confirmed positive COVID-19 diagnosis via a
13    molecular amplification diagnostic test, such as a
14    polymerase chain reaction (PCR) test for COVID-19;
15        (2) a probable COVID-19 diagnosis via an antigen
16    diagnostic test; or
17        (3) been in close contact with a person who has a
18    confirmed case of COVID-19.
19    (c) An employee of the university who is on paid
20administrative leave pursuant to this Section must provide all
21documentation requested by the Board.
22    (d) An employee of the university who is on paid
23administrative leave pursuant to this Section shall receive
24the employee's regular rate of pay. The use of a paid
25administrative leave day or days by an employee pursuant to
26this Section shall not diminish any other leave or benefits of

 

 

10200HB2778sam002- 19 -LRB102 14280 NHT 30093 a

1the employee.
2    (e) An employee of the university may not accrue paid
3administrative leave pursuant to this Section.
4    (f) For an employee of the university to be eligible to
5receive paid administrative leave pursuant to this Section,
6the employee must:
7        (1) have received the recommended dose of a COVID-19
8    vaccine approved by the United States Food and Drug
9    Administration; or
10        (2) participate in the COVID-19 testing program
11    provided by the university at least once a week.
 
12    Section 25. The Eastern Illinois University Law is amended
13by adding Section 10-215 as follows:
 
14    (110 ILCS 665/10-215 new)
15    Sec. 10-215. COVID-19 paid administrative leave.
16    (a) During any time the Board, the State or any of its
17agencies, or a local public health department has issued
18guidance, mandates, or rules related to COVID-19 that restrict
19an employee of the university for purposes related to COVID-19
20and public health from being on university property, the
21employee of the university shall receive as many days of
22administrative leave as required to abide by such public
23health guidance, mandates, and requirements issued by the
24Department of Public Health, unless a longer period of paid

 

 

10200HB2778sam002- 20 -LRB102 14280 NHT 30093 a

1administrative leave has been negotiated with the exclusive
2bargaining representative, when the Governor has declared a
3disaster due to a public health emergency pursuant to Section
47 of the Illinois Emergency Management Agency Act.
5    (b) An employee of the university shall receive paid
6administrative leave pursuant to subsection (a), unless a
7longer period of paid administrative leave has been negotiated
8with the exclusive bargaining representative, to care for a
9child of the employee if the child is unable to attend
10elementary or secondary school because the child must be
11isolated or quarantined from others because the child has:
12        (1) a confirmed positive COVID-19 diagnosis via a
13    molecular amplification diagnostic test, such as a
14    polymerase chain reaction (PCR) test for COVID-19;
15        (2) a probable COVID-19 diagnosis via an antigen
16    diagnostic test; or
17        (3) been in close contact with a person who has a
18    confirmed case of COVID-19.
19    (c) An employee of the university who is on paid
20administrative leave pursuant to this Section must provide all
21documentation requested by the Board.
22    (d) An employee of the university who is on paid
23administrative leave pursuant to this Section shall receive
24the employee's regular rate of pay. The use of a paid
25administrative leave day or days by an employee pursuant to
26this Section shall not diminish any other leave or benefits of

 

 

10200HB2778sam002- 21 -LRB102 14280 NHT 30093 a

1the employee.
2    (e) An employee of the university may not accrue paid
3administrative leave pursuant to this Section.
4    (f) For an employee of the university to be eligible to
5receive paid administrative leave pursuant to this Section,
6the employee must:
7        (1) have received the recommended dose of a COVID-19
8    vaccine approved by the United States Food and Drug
9    Administration; or
10        (2) participate in the COVID-19 testing program
11    provided by the university at least once a week.
 
12    Section 30. The Governors State University Law is amended
13by adding Section 15-215 as follows:
 
14    (110 ILCS 670/15-215 new)
15    Sec. 15-215. COVID-19 paid administrative leave.
16    (a) During any time the Board, the State or any of its
17agencies, or a local public health department has issued
18guidance, mandates, or rules related to COVID-19 that restrict
19an employee of the university for purposes related to COVID-19
20and public health from being on university property, the
21employee of the university shall receive as many days of
22administrative leave as required to abide by such public
23health guidance, mandates, and requirements issued by the
24Department of Public Health, unless a longer period of paid

 

 

10200HB2778sam002- 22 -LRB102 14280 NHT 30093 a

1administrative leave has been negotiated with the exclusive
2bargaining representative, when the Governor has declared a
3disaster due to a public health emergency pursuant to Section
47 of the Illinois Emergency Management Agency Act.
5    (b) An employee of the university shall receive paid
6administrative leave pursuant to subsection (a), unless a
7longer period of paid administrative leave has been negotiated
8with the exclusive bargaining representative, to care for a
9child of the employee if the child is unable to attend
10elementary or secondary school because the child must be
11isolated or quarantined from others because the child has:
12        (1) a confirmed positive COVID-19 diagnosis via a
13    molecular amplification diagnostic test, such as a
14    polymerase chain reaction (PCR) test for COVID-19;
15        (2) a probable COVID-19 diagnosis via an antigen
16    diagnostic test; or
17        (3) been in close contact with a person who has a
18    confirmed case of COVID-19.
19    (c) An employee of the university who is on paid
20administrative leave pursuant to this Section must provide all
21documentation requested by the Board.
22    (d) An employee of the university who is on paid
23administrative leave pursuant to this Section shall receive
24the employee's regular rate of pay. The use of a paid
25administrative leave day or days by an employee pursuant to
26this Section shall not diminish any other leave or benefits of

 

 

10200HB2778sam002- 23 -LRB102 14280 NHT 30093 a

1the employee.
2    (e) An employee of the university may not accrue paid
3administrative leave pursuant to this Section.
4    (f) For an employee of the university to be eligible to
5receive paid administrative leave pursuant to this Section,
6the employee must:
7        (1) have received the recommended dose of a COVID-19
8    vaccine approved by the United States Food and Drug
9    Administration; or
10        (2) participate in the COVID-19 testing program
11    provided by the university at least once a week.
 
12    Section 35. The Illinois State University Law is amended
13by adding Section 20-220 as follows:
 
14    (110 ILCS 675/20-220 new)
15    Sec. 20-220. COVID-19 paid administrative leave.
16    (a) During any time the Board, the State or any of its
17agencies, or a local public health department has issued
18guidance, mandates, or rules related to COVID-19 that restrict
19an employee of the university for purposes related to COVID-19
20and public health from being on university property, the
21employee of the university shall receive as many days of
22administrative leave as required to abide by such public
23health guidance, mandates, and requirements issued by the
24Department of Public Health, unless a longer period of paid

 

 

10200HB2778sam002- 24 -LRB102 14280 NHT 30093 a

1administrative leave has been negotiated with the exclusive
2bargaining representative, when the Governor has declared a
3disaster due to a public health emergency pursuant to Section
47 of the Illinois Emergency Management Agency Act.
5    (b) An employee of the university shall receive paid
6administrative leave pursuant to subsection (a), unless a
7longer period of paid administrative leave has been negotiated
8with the exclusive bargaining representative, to care for a
9child of the employee if the child is unable to attend
10elementary or secondary school because the child must be
11isolated or quarantined from others because the child has:
12        (1) a confirmed positive COVID-19 diagnosis via a
13    molecular amplification diagnostic test, such as a
14    polymerase chain reaction (PCR) test for COVID-19;
15        (2) a probable COVID-19 diagnosis via an antigen
16    diagnostic test; or
17        (3) been in close contact with a person who has a
18    confirmed case of COVID-19.
19    (c) An employee of the university who is on paid
20administrative leave pursuant to this Section must provide all
21documentation requested by the Board.
22    (d) An employee of the university who is on paid
23administrative leave pursuant to this Section shall receive
24the employee's regular rate of pay. The use of a paid
25administrative leave day or days by an employee pursuant to
26this Section shall not diminish any other leave or benefits of

 

 

10200HB2778sam002- 25 -LRB102 14280 NHT 30093 a

1the employee.
2    (e) An employee of the university may not accrue paid
3administrative leave pursuant to this Section.
4    (f) For an employee of the university to be eligible to
5receive paid administrative leave pursuant to this Section,
6the employee must:
7        (1) have received the recommended dose of a COVID-19
8    vaccine approved by the United States Food and Drug
9    Administration; or
10        (2) participate in the COVID-19 testing program
11    provided by the university at least once a week.
 
12    Section 40. The Northeastern Illinois University Law is
13amended by adding Section 25-215 as follows:
 
14    (110 ILCS 680/25-215 new)
15    Sec. 25-215. COVID-19 paid administrative leave.
16    (a) During any time the Board, the State or any of its
17agencies, or a local public health department has issued
18guidance, mandates, or rules related to COVID-19 that restrict
19an employee of the university for purposes related to COVID-19
20and public health from being on university property, the
21employee of the university shall receive as many days of
22administrative leave as required to abide by such public
23health guidance, mandates, and requirements issued by the
24Department of Public Health, unless a longer period of paid

 

 

10200HB2778sam002- 26 -LRB102 14280 NHT 30093 a

1administrative leave has been negotiated with the exclusive
2bargaining representative, when the Governor has declared a
3disaster due to a public health emergency pursuant to Section
47 of the Illinois Emergency Management Agency Act.
5    (b) An employee of the university shall receive paid
6administrative leave pursuant to subsection (a), unless a
7longer period of paid administrative leave has been negotiated
8with the exclusive bargaining representative, to care for a
9child of the employee if the child is unable to attend
10elementary or secondary school because the child must be
11isolated or quarantined from others because the child has:
12        (1) a confirmed positive COVID-19 diagnosis via a
13    molecular amplification diagnostic test, such as a
14    polymerase chain reaction (PCR) test for COVID-19;
15        (2) a probable COVID-19 diagnosis via an antigen
16    diagnostic test; or
17        (3) been in close contact with a person who has a
18    confirmed case of COVID-19.
19    (c) An employee of the university who is on paid
20administrative leave pursuant to this Section must provide all
21documentation requested by the Board.
22    (d) An employee of the university who is on paid
23administrative leave pursuant to this Section shall receive
24the employee's regular rate of pay. The use of a paid
25administrative leave day or days by an employee pursuant to
26this Section shall not diminish any other leave or benefits of

 

 

10200HB2778sam002- 27 -LRB102 14280 NHT 30093 a

1the employee.
2    (e) An employee of the university may not accrue paid
3administrative leave pursuant to this Section.
4    (f) For an employee of the university to be eligible to
5receive paid administrative leave pursuant to this Section,
6the employee must:
7        (1) have received the recommended dose of a COVID-19
8    vaccine approved by the United States Food and Drug
9    Administration; or
10        (2) participate in the COVID-19 testing program
11    provided by the university at least once a week.
 
12    Section 45. The Northern Illinois University Law is
13amended by adding Section 30-225 as follows:
 
14    (110 ILCS 685/30-225 new)
15    Sec. 30-225. COVID-19 paid administrative leave.
16    (a) During any time the Board, the State or any of its
17agencies, or a local public health department has issued
18guidance, mandates, or rules related to COVID-19 that restrict
19an employee of the university for purposes related to COVID-19
20and public health from being on university property, the
21employee of the university shall receive as many days of
22administrative leave as required to abide by such public
23health guidance, mandates, and requirements issued by the
24Department of Public Health, unless a longer period of paid

 

 

10200HB2778sam002- 28 -LRB102 14280 NHT 30093 a

1administrative leave has been negotiated with the exclusive
2bargaining representative, when the Governor has declared a
3disaster due to a public health emergency pursuant to Section
47 of the Illinois Emergency Management Agency Act.
5    (b) An employee of the university shall receive paid
6administrative leave pursuant to subsection (a), unless a
7longer period of paid administrative leave has been negotiated
8with the exclusive bargaining representative, to care for a
9child of the employee if the child is unable to attend
10elementary or secondary school because the child must be
11isolated or quarantined from others because the child has:
12        (1) a confirmed positive COVID-19 diagnosis via a
13    molecular amplification diagnostic test, such as a
14    polymerase chain reaction (PCR) test for COVID-19;
15        (2) a probable COVID-19 diagnosis via an antigen
16    diagnostic test; or
17        (3) been in close contact with a person who has a
18    confirmed case of COVID-19.
19    (c) An employee of the university who is on paid
20administrative leave pursuant to this Section must provide all
21documentation requested by the Board.
22    (d) An employee of the university who is on paid
23administrative leave pursuant to this Section shall receive
24the employee's regular rate of pay. The use of a paid
25administrative leave day or days by an employee pursuant to
26this Section shall not diminish any other leave or benefits of

 

 

10200HB2778sam002- 29 -LRB102 14280 NHT 30093 a

1the employee.
2    (e) An employee of the university may not accrue paid
3administrative leave pursuant to this Section.
4    (f) For an employee of the university to be eligible to
5receive paid administrative leave pursuant to this Section,
6the employee must:
7        (1) have received the recommended dose of a COVID-19
8    vaccine approved by the United States Food and Drug
9    Administration; or
10        (2) participate in the COVID-19 testing program
11    provided by the university at least once a week.
 
12    Section 50. The Western Illinois University Law is amended
13by adding Section 35-220 as follows:
 
14    (110 ILCS 690/35-220 new)
15    Sec. 35-220. COVID-19 paid administrative leave.
16    (a) During any time the Board, the State or any of its
17agencies, or a local public health department has issued
18guidance, mandates, or rules related to COVID-19 that restrict
19an employee of the university for purposes related to COVID-19
20and public health from being on university property, the
21employee of the university shall receive as many days of
22administrative leave as required to abide by such public
23health guidance, mandates, and requirements issued by the
24Department of Public Health, unless a longer period of paid

 

 

10200HB2778sam002- 30 -LRB102 14280 NHT 30093 a

1administrative leave has been negotiated with the exclusive
2bargaining representative, when the Governor has declared a
3disaster due to a public health emergency pursuant to Section
47 of the Illinois Emergency Management Agency Act.
5    (b) An employee of the university shall receive paid
6administrative leave pursuant to subsection (a), unless a
7longer period of paid administrative leave has been negotiated
8with the exclusive bargaining representative, to care for a
9child of the employee if the child is unable to attend
10elementary or secondary school because the child must be
11isolated or quarantined from others because the child has:
12        (1) a confirmed positive COVID-19 diagnosis via a
13    molecular amplification diagnostic test, such as a
14    polymerase chain reaction (PCR) test for COVID-19;
15        (2) a probable COVID-19 diagnosis via an antigen
16    diagnostic test; or
17        (3) been in close contact with a person who has a
18    confirmed case of COVID-19.
19    (c) An employee of the university who is on paid
20administrative leave pursuant to this Section must provide all
21documentation requested by the Board.
22    (d) An employee of the university who is on paid
23administrative leave pursuant to this Section shall receive
24the employee's regular rate of pay. The use of a paid
25administrative leave day or days by an employee pursuant to
26this Section shall not diminish any other leave or benefits of

 

 

10200HB2778sam002- 31 -LRB102 14280 NHT 30093 a

1the employee.
2    (e) An employee of the university may not accrue paid
3administrative leave pursuant to this Section.
4    (f) For an employee of the university to be eligible to
5receive paid administrative leave pursuant to this Section,
6the employee must:
7        (1) have received the recommended dose of a COVID-19
8    vaccine approved by the United States Food and Drug
9    Administration; or
10        (2) participate in the COVID-19 testing program
11    provided by the university at least once a week.
 
12    Section 55. The Public Community College Act is amended by
13adding Section 3-29.15 as follows:
 
14    (110 ILCS 805/3-29.15 new)
15    Sec. 3-29.15. COVID-19 paid administrative leave.
16    (a) During any time the board, the State or any of its
17agencies, or a local public health department has issued
18guidance, mandates, or rules related to COVID-19 that restrict
19an employee of the community college district for purposes
20related to COVID-19 and public health from being on district
21property, the employee of the district shall receive as many
22days of administrative leave as required to abide by such
23public health guidance, mandates, and requirements issued by
24the Department of Public Health, unless a longer period of

 

 

10200HB2778sam002- 32 -LRB102 14280 NHT 30093 a

1paid administrative leave has been negotiated with the
2exclusive bargaining representative, when the Governor has
3declared a disaster due to a public health emergency pursuant
4to Section 7 of the Illinois Emergency Management Agency Act.
5    (b) An employee of the community college district shall
6receive paid administrative leave pursuant to subsection (a),
7unless a longer period of paid administrative leave has been
8negotiated with the exclusive bargaining representative, to
9care for a child of the employee if the child is unable to
10attend elementary or secondary school because the child must
11be isolated or quarantined from others because the child has:
12        (1) a confirmed positive COVID-19 diagnosis via a
13    molecular amplification diagnostic test, such as a
14    polymerase chain reaction (PCR) test for COVID-19;
15        (2) a probable COVID-19 diagnosis via an antigen
16    diagnostic test; or
17        (3) been in close contact with a person who has a
18    confirmed case of COVID-19.
19    (c) An employee of the community college district who is
20on paid administrative leave pursuant to this Section must
21provide all documentation requested by the board.
22    (d) An employee of the community college district who is
23on paid administrative leave pursuant to this Section shall
24receive the employee's regular rate of pay. The use of a paid
25administrative leave day or days by an employee pursuant to
26this Section shall not diminish any other leave or benefits of

 

 

10200HB2778sam002- 33 -LRB102 14280 NHT 30093 a

1the employee.
2    (e) An employee of the community college district may not
3accrue paid administrative leave pursuant to this Section.
4    (f) For an employee of the community college district to
5be eligible to receive paid administrative leave pursuant to
6this Section, the employee must:
7        (1) have received the recommended dose of a COVID-19
8    vaccine approved by the United States Food and Drug
9    Administration; or
10        (2) participate in the COVID-19 testing program
11    provided by the community college district at least once a
12    week.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".