105 ILCS 5/34-18.78

(105 ILCS 5/34-18.78)

Sec. 34-18.78. COVID-19 paid administrative leave.

(a) In this Section:

"Employee" means a person employed by the school district on or after April 5, 2022 (the effective date of Public Act 102-697).

"Fully vaccinated against COVID-19" means:

(1) 2 weeks after receiving the second dose in a 2-dose series of a COVID-19 vaccine authorized for emergency use, licensed, or otherwise approved by the United States Food and Drug Administration; or

(2) 2 weeks after receiving a single dose of a COVID-19 vaccine authorized for emergency use, licensed, or otherwise approved by the United States Food and Drug Administration.

"Fully vaccinated against COVID-19" also includes any recommended booster doses for which the individual is eligible upon the adoption by the Department of Public Health of any changes made by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services to the definition of "fully vaccinated against COVID-19" to include any such booster doses. For purposes of this Section, individuals who are eligible for a booster dose but have not received a booster dose by 5 weeks after the Department of Public Health adopts a revised definition of "fully vaccinated against COVID-19" are not considered fully vaccinated for determining eligibility for future paid administrative leave pursuant to this Section.

"School district" includes charter schools established under Article 27A of this Code.

(b) During any time when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and the school district, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of the school district from being on school district property because the employee (i) has a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19, (ii) has a probable COVID-19 diagnosis via an antigen diagnostic test, (iii) has been in close contact with a person who had a confirmed case of COVID-19 and is required to be excluded from the school, or (iv) is required by the school or school district policy to be excluded from school district property due to COVID-19 symptoms, the employee of the school district shall receive as many days of administrative leave as required to abide by the public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative. Such leave shall be provided to an employee for any days for which the employee was required to be excluded from school property prior to April 5, 2022 (the effective date of Public Act 102-697), provided that the employee receives all doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697).

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

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

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

(3) been in close contact with a person who has a confirmed case of COVID-19 and is required to be excluded from school; or

(4) been required by the school or school district policy to be excluded from school district property due to COVID-19 symptoms.

Such leave shall be provided to an employee for any days needed to care for a child of the employee prior to April 5, 2022 (the effective date of Public Act 102-697), provided that the employee receives the doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697).

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

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

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

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

(1) have received all required doses to be fully vaccinated against COVID-19, as defined in this Section; and

(2) participate in the COVID-19 testing program adopted by the school district to the extent such a testing program requires participation by individuals who are fully vaccinated against COVID-19.

(h) Nothing in this Section is intended to affect any right or remedy under federal law.

(i) No paid administrative leave awarded to or used by a fully vaccinated employee prior to the Department of Public Health's adoption of a revised definition of the term "fully vaccinated against COVID-19" may be rescinded on the basis that the employee no longer meets the definition of "fully vaccinated against COVID-19" based on the revised definition.

(Source: P.A. 102-697, eff. 4-5-22; 103-154, eff. 6-30-23.)