Full Text of SB3914 102nd General Assembly
SB3914enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 24-6 and by adding Section 34-18.78 as follows:
| 6 | | (105 ILCS 5/24-6)
| 7 | | Sec. 24-6. Sick leave. The school boards of all school | 8 | | districts, including special charter
districts, but not | 9 | | including school districts in municipalities of 500,000
or | 10 | | more, shall grant their full-time teachers, and also shall | 11 | | grant
such of their other employees as are eligible to | 12 | | participate in the
Illinois Municipal Retirement Fund under | 13 | | the "600-Hour Standard"
established, or under such other | 14 | | eligibility participation standard as may
from time to time be | 15 | | established, by rules and regulations now or hereafter
| 16 | | promulgated by the Board of that Fund under Section 7-198 of | 17 | | the Illinois
Pension Code, as now or hereafter amended, sick | 18 | | leave
provisions not less in amount than 10 days at full pay in | 19 | | each school year.
If any such teacher or employee does not use | 20 | | the full amount of annual leave
thus allowed, the unused | 21 | | amount shall be allowed to accumulate to a minimum
available | 22 | | leave of 180 days at full pay, including the leave of the | 23 | | current
year. Sick leave shall be interpreted to mean personal |
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| 1 | | illness, mental or behavioral health complications, quarantine
| 2 | | at home, or serious illness or death in the immediate family or | 3 | | household.
The school board may require a certificate from a | 4 | | physician licensed in Illinois to practice medicine and | 5 | | surgery in all its branches, a mental health professional | 6 | | licensed in Illinois providing ongoing care or treatment to | 7 | | the teacher or employee, a chiropractic physician licensed | 8 | | under the Medical Practice Act of 1987, a licensed advanced | 9 | | practice registered nurse, a licensed physician assistant, or, | 10 | | if the treatment
is by prayer or spiritual means, a spiritual | 11 | | adviser or
practitioner of the teacher's or employee's faith | 12 | | as a basis for pay during leave after
an absence of 3 days for | 13 | | personal illness or as the school board may deem necessary in
| 14 | | other cases. If the school board does require a
certificate
as | 15 | | a basis for pay during leave of
less than 3 days for personal | 16 | | illness, the school board shall pay, from school funds, the
| 17 | | expenses incurred by the teachers or other employees in | 18 | | obtaining the certificate.
| 19 | | Sick leave shall also be interpreted to mean birth, | 20 | | adoption, placement for adoption, and the acceptance of a | 21 | | child in need of foster care. Teachers and other employees to | 22 | | which this Section applies are entitled to use up to 30 days of | 23 | | paid sick leave because of the birth of a child that is not | 24 | | dependent on the need to recover from childbirth. Paid sick | 25 | | leave because of the birth of a child may be used absent | 26 | | medical certification for up to 30 working school days, which |
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| 1 | | days may be used at any time within the 12-month period | 2 | | following the birth of the child. The use of up to 30 working | 3 | | school days of paid sick leave because of the birth of a child | 4 | | may not be diminished as a result of any intervening period of | 5 | | nonworking days or school not being in session, such as for | 6 | | summer, winter, or spring break or holidays, that may occur | 7 | | during the use of the paid sick leave. For paid sick leave for | 8 | | adoption, placement for adoption, or the acceptance of a child | 9 | | in need of foster care, the school board may require that the | 10 | | teacher or other employee to which this Section applies | 11 | | provide evidence that the formal adoption process or the | 12 | | formal foster care process is underway, and such sick leave is | 13 | | limited to 30 days unless a longer leave has been negotiated | 14 | | with the exclusive bargaining representative. Paid sick leave | 15 | | for adoption, placement for adoption, or the acceptance of a | 16 | | child in need of foster care need not be used consecutively | 17 | | once the formal adoption process or the formal foster care | 18 | | process is underway, and such sick leave may be used for | 19 | | reasons related to the formal adoption process or the formal | 20 | | foster care process prior to taking custody of the child or | 21 | | accepting the child in need of foster care, in addition to | 22 | | using such sick leave upon taking custody of the child or | 23 | | accepting the child in need of foster care. | 24 | | If, by reason of any change in the boundaries of school | 25 | | districts, or by
reason of the creation of a new school | 26 | | district, the employment of a
teacher is transferred to a new |
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| 1 | | or different board, the accumulated sick
leave of such teacher | 2 | | is not thereby lost, but is transferred to such new
or | 3 | | different district.
| 4 | | For purposes of this Section, "immediate family" shall | 5 | | include parents,
spouse, brothers, sisters, children, | 6 | | grandparents, grandchildren,
parents-in-law, brothers-in-law, | 7 | | sisters-in-law, and legal guardians.
| 8 | | (Source: P.A. 102-275, eff. 8-6-21.)
| 9 | | (105 ILCS 5/34-18.78 new) | 10 | | Sec. 34-18.78. Sick leave; mental or behavioral health | 11 | | complications. In addition to any interpretation or definition | 12 | | included in a collective bargaining agreement or board of | 13 | | education or district policy, sick leave, or its equivalent, | 14 | | to which a teacher or other eligible employee is entitled | 15 | | shall be interpreted to include mental or behavioral health | 16 | | complications. Unless contrary to a collective bargaining | 17 | | agreement or board of education or district policy, the board | 18 | | may require a certificate from a mental health professional | 19 | | licensed in Illinois providing ongoing care or treatment to | 20 | | the teacher or employee as a basis for pay during leave after | 21 | | an absence of 3 days for mental or behavioral health | 22 | | complications.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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