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

HB2778sam003 102ND GENERAL ASSEMBLY

Sen. Christopher Belt

Filed: 10/26/2021

 

 


 

 


 
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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 10-20.82,
634-18.77, and 34-85e as follows:
 
7    (105 ILCS 5/10-20.56)
8    (Text of Section before amendment by P.A. 102-584)
9    Sec. 10-20.56. E-learning days.
10    (a) The State Board of Education shall establish and
11maintain, for implementation in school districts, a program
12for use of electronic-learning (e-learning) days, as described
13in this Section. School districts may utilize a program
14approved under this Section for use during remote learning
15days and blended remote learning days under Section 10-30 or
1634-18.66.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1providers, classroom assistants, or administrative staff,
2their daily, regular rate of pay and benefits rendered for any
3school closure or e-learning day if any closure precludes them
4from performing their regularly scheduled duties and employees
5would have reported for work but for the closure. The
6employees who provide the support services covered by such
7contracts shall be paid their daily bid package rates and
8benefits as defined by their local operating agreements or
9collective bargaining agreements.
10    (e) The State Board of Education may adopt rules
11consistent with the provision of this Section.
12(Source: P.A. 100-760, eff. 8-10-18; 101-12, eff. 7-1-19;
13101-643, eff. 6-18-20.)
 
14    (Text of Section after amendment by P.A. 102-584)
15    Sec. 10-20.56. E-learning days.
16    (a) The State Board of Education shall establish and
17maintain, for implementation in school districts, a program
18for use of electronic-learning (e-learning) days, as described
19in this Section. School districts may utilize a program
20approved under this Section for use during remote learning
21days and blended remote learning days under Section 10-30 or
2234-18.66.
23    (b) The school board of a school district may, by
24resolution, adopt a research-based program or research-based
25programs for e-learning days district-wide that shall permit

 

 

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1student instruction to be received electronically while
2students are not physically present in lieu of the district's
3scheduled emergency days as required by Section 10-19 of this
4Code or because a school was selected to be a polling place
5under Section 11-4.1 of the Election Code. The research-based
6program or programs may not exceed the minimum number of
7emergency days in the approved school calendar and must be
8verified by the regional office of education or intermediate
9service center for the school district on or before September
101st annually to ensure access for all students. The regional
11office of education or intermediate service center shall
12ensure that the specific needs of all students are met,
13including special education students and English learners, and
14that all mandates are still met using the proposed
15research-based program. The e-learning program may utilize the
16Internet, telephones, texts, chat rooms, or other similar
17means of electronic communication for instruction and
18interaction between teachers and students that meet the needs
19of all learners. The e-learning program shall address the
20school district's responsibility to ensure that all teachers
21and staff who may be involved in the provision of e-learning
22have access to any and all hardware and software that may be
23required for the program. If a proposed program does not
24address this responsibility, the school district must propose
25an 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 contractors who
14provide educational support services to the district,
15including, but not limited to, custodial, transportation, or
16food service providers, their daily, regular rate of pay or
17billings rendered for any e-learning day that is used because
18a school was selected to be a polling place under Section
1911-4.1 of the Election Code, except that this requirement does
20not apply to contractors who are paid under contracts that are
21entered into, amended, or renewed on or after March 15, 2022 or
22to contracts that otherwise address compensation for such
23e-learning days.
24    (d-10) A school district shall pay to its employees who
25provide educational support services to the district,
26including, but not limited to, custodial, transportation, food

 

 

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1service providers, classroom assistants, or administrative
2staff, their daily, regular rate of pay and benefits rendered
3for any school closure or e-learning day if the closure
4precludes them from performing their regularly scheduled
5duties and the employee would have reported for work but for
6the closure.
7    (d-15) A school district shall make full payment that
8would have otherwise been paid to its contractors who provide
9educational support services to the district, including, but
10not limited to, custodial, transportation, food service
11providers, classroom assistants, or administrative staff,
12their daily, regular rate of pay and benefits rendered for any
13school closure or e-learning day if any closure precludes them
14from performing their regularly scheduled duties and employees
15would have reported for work but for the closure. The
16employees who provide the support services covered by such
17contracts shall be paid their daily bid package rates and
18benefits as defined by their local operating agreements or
19collective bargaining agreements.
20    (e) The State Board of Education may adopt rules
21consistent with the provision of this Section.
22(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20;
23102-584, eff. 6-1-22.)
 
24    (105 ILCS 5/10-20.82 new)
25    Sec. 10-20.82. COVID-19 paid administrative leave.

 

 

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1    (a) During any time a school district, the State or any of
2its agencies, or a local public health department has issued
3guidance, mandates, or rules related to COVID-19 that restrict
4an employee of the school district for purposes related to
5COVID-19 and public health from being on school district
6property, the employee of the school district shall receive as
7many days of administrative leave as required to abide by such
8public health guidance, mandates, and requirements issued by
9the Department of Public Health, unless a longer period of
10paid administrative leave has been negotiated with the
11exclusive bargaining representative, when the Governor has
12declared a disaster due to a public health emergency pursuant
13to Section 7 of the Illinois Emergency Management Agency Act.
14    (b) An employee of a school district shall receive paid
15administrative leave pursuant to subsection (a), unless a
16longer period of paid administrative leave has been negotiated
17with the exclusive bargaining representative, to care for a
18child of the employee if the child is unable to attend
19elementary or secondary school because the child must be
20isolated or quarantined from others because the child has:
21        (1) a confirmed positive COVID-19 diagnosis via a
22    molecular amplification diagnostic test, such as a
23    polymerase chain reaction (PCR) test for COVID-19;
24        (2) a probable COVID-19 diagnosis via an antigen
25    diagnostic test; or
26        (3) been in close contact with a person who has a

 

 

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1    confirmed case of COVID-19.
2    (c) An employee of a school district who is on paid
3administrative leave pursuant to this Section must provide all
4documentation requested by the school board.
5    (d) An employee of a school district who is on paid
6administrative leave pursuant to this Section shall receive
7the employee's regular rate of pay. The use of a paid
8administrative leave day or days by an employee pursuant to
9this Section shall not diminish any other leave or benefits of
10the employee.
11    (e) An employee of the school district may not accrue paid
12administrative leave pursuant to this Section.
13    (f) For an employee of a school district to be eligible to
14receive paid administrative leave pursuant to this Section,
15the employee must:
16        (1) have received the recommended dose of a COVID-19
17    vaccine approved by the United States Food and Drug
18    Administration; or
19        (2) participate in the COVID-19 testing program
20    provided by the school district at least once a week.
 
21    (105 ILCS 5/24-6)
22    Sec. 24-6. Sick leave. The school boards of all school
23districts, including special charter districts, but not
24including school districts in municipalities of 500,000 or
25more, shall grant their full-time teachers, and also shall

 

 

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1grant such of their other employees as are eligible to
2participate in the Illinois Municipal Retirement Fund under
3the "600-Hour Standard" established, or under such other
4eligibility participation standard as may from time to time be
5established, by rules and regulations now or hereafter
6promulgated by the Board of that Fund under Section 7-198 of
7the Illinois Pension Code, as now or hereafter amended, sick
8leave provisions not less in amount than 10 days at full pay in
9each school year. If any such teacher or employee does not use
10the full amount of annual leave thus allowed, the unused
11amount shall be allowed to accumulate to a minimum available
12leave of 180 days at full pay, including the leave of the
13current year. Sick leave shall be interpreted to mean personal
14illness, quarantine at home, or serious illness or death in
15the immediate family or household. The school board may
16require a certificate from a physician licensed in Illinois to
17practice medicine and surgery in all its branches, a
18chiropractic physician licensed under the Medical Practice Act
19of 1987, a licensed advanced practice registered nurse, a
20licensed physician assistant, or, if the treatment is by
21prayer or spiritual means, a spiritual adviser or practitioner
22of the teacher's or employee's faith as a basis for pay during
23leave after an absence of 3 days for personal illness or as the
24school board may deem necessary in other cases. If the school
25board does require a certificate as a basis for pay during
26leave of less than 3 days for personal illness, the school

 

 

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1board shall pay, from school funds, the expenses incurred by
2the teachers or other employees in obtaining the certificate.
3    Sick leave shall also be interpreted to mean birth,
4adoption, placement for adoption, and the acceptance of a
5child in need of foster care. Teachers and other employees to
6which this Section applies are entitled to use up to 30 days of
7paid sick leave because of the birth of a child that is not
8dependent on the need to recover from childbirth. Paid sick
9leave because of the birth of a child may be used absent
10medical certification for up to 30 working school days, which
11days may be used at any time within the 12-month period
12following the birth of the child. The use of up to 30 working
13school days of paid sick leave because of the birth of a child
14may not be diminished as a result of any intervening period of
15nonworking days or school not being in session, such as for
16summer, winter, or spring break or holidays, that may occur
17during the use of the paid sick leave. For paid sick leave for
18adoption, placement for adoption, or the acceptance of a child
19in need of foster care, the school board may require that the
20teacher or other employee to which this Section applies
21provide evidence that the formal adoption process or the
22formal foster care process is underway, and such sick leave is
23limited to 30 days unless a longer leave has been negotiated
24with the exclusive bargaining representative. Paid sick leave
25for adoption, placement for adoption, or the acceptance of a
26child in need of foster care need not be used consecutively

 

 

10200HB2778sam003- 16 -LRB102 14280 CMG 30216 a

1once the formal adoption process or the formal foster care
2process is underway, and such sick leave may be used for
3reasons related to the formal adoption process or the formal
4foster care process prior to taking custody of the child or
5accepting the child in need of foster care, in addition to
6using such sick leave upon taking custody of the child or
7accepting the child in need of foster care.
8    If, by reason of any change in the boundaries of school
9districts, or by reason of the creation of a new school
10district, the employment of a teacher is transferred to a new
11or different board, the accumulated sick leave of such teacher
12is not thereby lost, but is transferred to such new or
13different district.
14    Any sick leave used by a teacher or employee during the
152021-2022 school year for reasons related to guidance,
16mandates, or rules issued by the school district, the State or
17any of its agencies, or a local public health department
18related to COVID-19 and public health shall be returned to the
19teacher or employee.
20    For purposes of this Section, "immediate family" shall
21include parents, spouse, brothers, sisters, children,
22grandparents, grandchildren, parents-in-law, brothers-in-law,
23sisters-in-law, and legal guardians.
24(Source: P.A. 102-275, eff. 8-6-21.)
 
25    (105 ILCS 5/34-18.77 new)

 

 

10200HB2778sam003- 17 -LRB102 14280 CMG 30216 a

1    Sec. 34-18.77. COVID-19 paid administrative leave.
2    (a) During any time the school district, the State or any
3of its agencies, or a local public health department has
4issued guidance, mandates, or rules related to COVID-19 that
5restrict an employee of the school district for purposes
6related to COVID-19 and public health from being on school
7district property, the employee of the school district shall
8receive as many days of administrative leave as required to
9abide by such public health guidance, mandates, and
10requirements issued by the Department of Public Health, unless
11a longer period of paid administrative leave has been
12negotiated with the exclusive bargaining representative, when
13the Governor has declared a disaster due to a public health
14emergency pursuant to Section 7 of the Illinois Emergency
15Management Agency Act.
16    (b) An employee of the school district shall receive paid
17administrative leave pursuant to subsection (a), unless a
18longer period of paid administrative leave has been negotiated
19with the exclusive bargaining representative, to care for a
20child of the employee if the child is unable to attend
21elementary or secondary school because the child must be
22isolated or quarantined from others because the child has:
23        (1) a confirmed positive COVID-19 diagnosis via a
24    molecular amplification diagnostic test, such as a
25    polymerase chain reaction (PCR) test for COVID-19;
26        (2) a probable COVID-19 diagnosis via an antigen

 

 

10200HB2778sam003- 18 -LRB102 14280 CMG 30216 a

1    diagnostic test; or
2        (3) been in close contact with a person who has a
3    confirmed case of COVID-19.
4    (c) An employee of the school district who is on paid
5administrative leave pursuant to this Section must provide all
6documentation requested by the board.
7    (d) An employee of the school district who is on paid
8administrative leave pursuant to this Section shall receive
9the employee's regular rate of pay. The use of a paid
10administrative leave day or days by an employee pursuant to
11this Section shall not diminish any other leave or benefits of
12the employee.
13    (e) An employee of the school district may not accrue paid
14administrative leave pursuant to this Section.
15    (f) For an employee of the school district to be eligible
16to receive paid administrative leave pursuant to this Section,
17the employee must:
18        (1) have received the recommended dose of a COVID-19
19    vaccine approved by the United States Food and Drug
20    Administration; or
21        (2) participate in the COVID-19 testing program
22    provided by the school district at least once a week.
 
23    (105 ILCS 5/34-85e new)
24    Sec. 34-85e. Sick leave related to COVID-19. Any sick
25leave used by a teacher or employee during the 2021-2022

 

 

10200HB2778sam003- 19 -LRB102 14280 CMG 30216 a

1school year for reasons related to guidance, mandates, or
2rules issued by the school district, the State or any of its
3agencies, or a local public health department related to
4COVID-19 and public health shall be returned to the teacher or
5employee.
 
6    Section 10. The University of Illinois Act is amended by
7adding Section 125 as follows:
 
8    (110 ILCS 305/125 new)
9    Sec. 125. COVID-19 paid administrative leave.
10    (a) During any time the Board of Trustees, the State or any
11of its agencies, or a local public health department has
12issued guidance, mandates, or rules related to COVID-19 that
13restrict an employee of the university for purposes related to
14COVID-19 and public health from being on university property,
15the employee of the university shall receive as many days of
16administrative leave as required to abide by such public
17health guidance, mandates, and requirements issued by the
18Department of Public Health, unless a longer period of paid
19administrative leave has been negotiated with the exclusive
20bargaining representative, when the Governor has declared a
21disaster due to a public health emergency pursuant to Section
227 of the Illinois Emergency Management Agency Act.
23    (b) An employee of the university shall receive paid
24administrative leave pursuant to subsection (a), unless a

 

 

10200HB2778sam003- 20 -LRB102 14280 CMG 30216 a

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

 

 

10200HB2778sam003- 21 -LRB102 14280 CMG 30216 a

1        (1) have received the recommended dose of a COVID-19
2    vaccine approved by the United States Food and Drug
3    Administration; or
4        (2) participate in the COVID-19 testing program
5    provided by the university at least once a week.
 
6    Section 15. The Southern Illinois University Management
7Act is amended by adding Section 105 as follows:
 
8    (110 ILCS 520/105 new)
9    Sec. 105. COVID-19 paid administrative leave.
10    (a) During any time the Board, the State or any of its
11agencies, or a local public health department has issued
12guidance, mandates, or rules related to COVID-19 that restrict
13an employee of the university for purposes related to COVID-19
14and public health from being on university property, the
15employee of the university shall receive as many days of
16administrative leave as required to abide by such public
17health guidance, mandates, and requirements issued by the
18Department of Public Health, unless a longer period of paid
19administrative leave has been negotiated with the exclusive
20bargaining representative, when the Governor has declared a
21disaster due to a public health emergency pursuant to Section
227 of the Illinois Emergency Management Agency Act.
23    (b) An employee of the university shall receive paid
24administrative leave pursuant to subsection (a), unless a

 

 

10200HB2778sam003- 22 -LRB102 14280 CMG 30216 a

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

 

 

10200HB2778sam003- 23 -LRB102 14280 CMG 30216 a

1        (1) have received the recommended dose of a COVID-19
2    vaccine approved by the United States Food and Drug
3    Administration; or
4        (2) participate in the COVID-19 testing program
5    provided by the university at least once a week.
 
6    Section 20. The Chicago State University Law is amended by
7adding Section 5-215 as follows:
 
8    (110 ILCS 660/5-215 new)
9    Sec. 5-215. COVID-19 paid administrative leave.
10    (a) During any time the Board, the State or any of its
11agencies, or a local public health department has issued
12guidance, mandates, or rules related to COVID-19 that restrict
13an employee of the university for purposes related to COVID-19
14and public health from being on university property, the
15employee of the university shall receive as many days of
16administrative leave as required to abide by such public
17health guidance, mandates, and requirements issued by the
18Department of Public Health, unless a longer period of paid
19administrative leave has been negotiated with the exclusive
20bargaining representative, when the Governor has declared a
21disaster due to a public health emergency pursuant to Section
227 of the Illinois Emergency Management Agency Act.
23    (b) An employee of the university shall receive paid
24administrative leave pursuant to subsection (a), unless a

 

 

10200HB2778sam003- 24 -LRB102 14280 CMG 30216 a

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

 

 

10200HB2778sam003- 25 -LRB102 14280 CMG 30216 a

1        (1) have received the recommended dose of a COVID-19
2    vaccine approved by the United States Food and Drug
3    Administration; or
4        (2) participate in the COVID-19 testing program
5    provided by the university at least once a week.
 
6    Section 25. The Eastern Illinois University Law is amended
7by adding Section 10-215 as follows:
 
8    (110 ILCS 665/10-215 new)
9    Sec. 10-215. COVID-19 paid administrative leave.
10    (a) During any time the Board, the State or any of its
11agencies, or a local public health department has issued
12guidance, mandates, or rules related to COVID-19 that restrict
13an employee of the university for purposes related to COVID-19
14and public health from being on university property, the
15employee of the university shall receive as many days of
16administrative leave as required to abide by such public
17health guidance, mandates, and requirements issued by the
18Department of Public Health, unless a longer period of paid
19administrative leave has been negotiated with the exclusive
20bargaining representative, when the Governor has declared a
21disaster due to a public health emergency pursuant to Section
227 of the Illinois Emergency Management Agency Act.
23    (b) An employee of the university shall receive paid
24administrative leave pursuant to subsection (a), unless a

 

 

10200HB2778sam003- 26 -LRB102 14280 CMG 30216 a

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

 

 

10200HB2778sam003- 27 -LRB102 14280 CMG 30216 a

1        (1) have received the recommended dose of a COVID-19
2    vaccine approved by the United States Food and Drug
3    Administration; or
4        (2) participate in the COVID-19 testing program
5    provided by the university at least once a week.
 
6    Section 30. The Governors State University Law is amended
7by adding Section 15-215 as follows:
 
8    (110 ILCS 670/15-215 new)
9    Sec. 15-215. COVID-19 paid administrative leave.
10    (a) During any time the Board, the State or any of its
11agencies, or a local public health department has issued
12guidance, mandates, or rules related to COVID-19 that restrict
13an employee of the university for purposes related to COVID-19
14and public health from being on university property, the
15employee of the university shall receive as many days of
16administrative leave as required to abide by such public
17health guidance, mandates, and requirements issued by the
18Department of Public Health, unless a longer period of paid
19administrative leave has been negotiated with the exclusive
20bargaining representative, when the Governor has declared a
21disaster due to a public health emergency pursuant to Section
227 of the Illinois Emergency Management Agency Act.
23    (b) An employee of the university shall receive paid
24administrative leave pursuant to subsection (a), unless a

 

 

10200HB2778sam003- 28 -LRB102 14280 CMG 30216 a

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

 

 

10200HB2778sam003- 29 -LRB102 14280 CMG 30216 a

1        (1) have received the recommended dose of a COVID-19
2    vaccine approved by the United States Food and Drug
3    Administration; or
4        (2) participate in the COVID-19 testing program
5    provided by the university at least once a week.
 
6    Section 35. The Illinois State University Law is amended
7by adding Section 20-220 as follows:
 
8    (110 ILCS 675/20-220 new)
9    Sec. 20-220. COVID-19 paid administrative leave.
10    (a) During any time the Board, the State or any of its
11agencies, or a local public health department has issued
12guidance, mandates, or rules related to COVID-19 that restrict
13an employee of the university for purposes related to COVID-19
14and public health from being on university property, the
15employee of the university shall receive as many days of
16administrative leave as required to abide by such public
17health guidance, mandates, and requirements issued by the
18Department of Public Health, unless a longer period of paid
19administrative leave has been negotiated with the exclusive
20bargaining representative, when the Governor has declared a
21disaster due to a public health emergency pursuant to Section
227 of the Illinois Emergency Management Agency Act.
23    (b) An employee of the university shall receive paid
24administrative leave pursuant to subsection (a), unless a

 

 

10200HB2778sam003- 30 -LRB102 14280 CMG 30216 a

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

 

 

10200HB2778sam003- 31 -LRB102 14280 CMG 30216 a

1        (1) have received the recommended dose of a COVID-19
2    vaccine approved by the United States Food and Drug
3    Administration; or
4        (2) participate in the COVID-19 testing program
5    provided by the university at least once a week.
 
6    Section 40. The Northeastern Illinois University Law is
7amended by adding Section 25-215 as follows:
 
8    (110 ILCS 680/25-215 new)
9    Sec. 25-215. COVID-19 paid administrative leave.
10    (a) During any time the Board, the State or any of its
11agencies, or a local public health department has issued
12guidance, mandates, or rules related to COVID-19 that restrict
13an employee of the university for purposes related to COVID-19
14and public health from being on university property, the
15employee of the university shall receive as many days of
16administrative leave as required to abide by such public
17health guidance, mandates, and requirements issued by the
18Department of Public Health, unless a longer period of paid
19administrative leave has been negotiated with the exclusive
20bargaining representative, when the Governor has declared a
21disaster due to a public health emergency pursuant to Section
227 of the Illinois Emergency Management Agency Act.
23    (b) An employee of the university shall receive paid
24administrative leave pursuant to subsection (a), unless a

 

 

10200HB2778sam003- 32 -LRB102 14280 CMG 30216 a

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

 

 

10200HB2778sam003- 33 -LRB102 14280 CMG 30216 a

1        (1) have received the recommended dose of a COVID-19
2    vaccine approved by the United States Food and Drug
3    Administration; or
4        (2) participate in the COVID-19 testing program
5    provided by the university at least once a week.
 
6    Section 45. The Northern Illinois University Law is
7amended by adding Section 30-225 as follows:
 
8    (110 ILCS 685/30-225 new)
9    Sec. 30-225. COVID-19 paid administrative leave.
10    (a) During any time the Board, the State or any of its
11agencies, or a local public health department has issued
12guidance, mandates, or rules related to COVID-19 that restrict
13an employee of the university for purposes related to COVID-19
14and public health from being on university property, the
15employee of the university shall receive as many days of
16administrative leave as required to abide by such public
17health guidance, mandates, and requirements issued by the
18Department of Public Health, unless a longer period of paid
19administrative leave has been negotiated with the exclusive
20bargaining representative, when the Governor has declared a
21disaster due to a public health emergency pursuant to Section
227 of the Illinois Emergency Management Agency Act.
23    (b) An employee of the university shall receive paid
24administrative leave pursuant to subsection (a), unless a

 

 

10200HB2778sam003- 34 -LRB102 14280 CMG 30216 a

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

 

 

10200HB2778sam003- 35 -LRB102 14280 CMG 30216 a

1        (1) have received the recommended dose of a COVID-19
2    vaccine approved by the United States Food and Drug
3    Administration; or
4        (2) participate in the COVID-19 testing program
5    provided by the university at least once a week.
 
6    Section 50. The Western Illinois University Law is amended
7by adding Section 35-220 as follows:
 
8    (110 ILCS 690/35-220 new)
9    Sec. 35-220. COVID-19 paid administrative leave.
10    (a) During any time the Board, the State or any of its
11agencies, or a local public health department has issued
12guidance, mandates, or rules related to COVID-19 that restrict
13an employee of the university for purposes related to COVID-19
14and public health from being on university property, the
15employee of the university shall receive as many days of
16administrative leave as required to abide by such public
17health guidance, mandates, and requirements issued by the
18Department of Public Health, unless a longer period of paid
19administrative leave has been negotiated with the exclusive
20bargaining representative, when the Governor has declared a
21disaster due to a public health emergency pursuant to Section
227 of the Illinois Emergency Management Agency Act.
23    (b) An employee of the university shall receive paid
24administrative leave pursuant to subsection (a), unless a

 

 

10200HB2778sam003- 36 -LRB102 14280 CMG 30216 a

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

 

 

10200HB2778sam003- 37 -LRB102 14280 CMG 30216 a

1        (1) have received the recommended dose of a COVID-19
2    vaccine approved by the United States Food and Drug
3    Administration; or
4        (2) participate in the COVID-19 testing program
5    provided by the university at least once a week.
 
6    Section 55. The Public Community College Act is amended by
7adding Section 3-29.15 as follows:
 
8    (110 ILCS 805/3-29.15 new)
9    Sec. 3-29.15. COVID-19 paid administrative leave.
10    (a) During any time the board, the State or any of its
11agencies, or a local public health department has issued
12guidance, mandates, or rules related to COVID-19 that restrict
13an employee of the community college district for purposes
14related to COVID-19 and public health from being on district
15property, the employee of the district shall receive as many
16days of administrative leave as required to abide by such
17public health guidance, mandates, and requirements issued by
18the Department of Public Health, unless a longer period of
19paid administrative leave has been negotiated with the
20exclusive bargaining representative, when the Governor has
21declared a disaster due to a public health emergency pursuant
22to Section 7 of the Illinois Emergency Management Agency Act.
23    (b) An employee of the community college district shall
24receive paid administrative leave pursuant to subsection (a),

 

 

10200HB2778sam003- 38 -LRB102 14280 CMG 30216 a

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

 

 

10200HB2778sam003- 39 -LRB102 14280 CMG 30216 a

1        (1) have received the recommended dose of a COVID-19
2    vaccine approved by the United States Food and Drug
3    Administration; or
4        (2) participate in the COVID-19 testing program
5    provided by the community college district at least once a
6    week.
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".