(820 ILCS 147/1)
Sec. 1.
This Act may be cited as the School Visitation Rights Act.
(Source: P.A. 87-1240.)
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(820 ILCS 147/5)
Sec. 5.
Policy.
The General Assembly of the State of Illinois finds
that the basis of a strong economy is an educational system reliant upon
parental involvement. The intent of this Act is to permit employed parents
and guardians who are unable to meet with educators because of a work
conflict the right to an allotment of time during the school year to attend
necessary educational or behavioral conferences at the school their children
attend.
(Source: P.A. 87-1240.)
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(820 ILCS 147/10)
Sec. 10.
Definitions.
As used in this Act:
(a) "Employee" means a person who performs services for hire for an employer
for:
(1) at least 6 consecutive months immediately | ||
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(2) an average number of hours per week equal to at | ||
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"Employee" includes all individuals meeting the above criteria but does
not include an independent contractor.
(b) "Employer" means any of the following: a State agency, officer, or
department, a unit of local government, a school district, an individual,
a corporation, a partnership, an association, or a nonprofit organization.
(c) "Child" means a biological, adopted or foster child, a stepchild or a
legal ward of an employee and who is enrolled in a primary or secondary public
or private school in this State or a state which shares a common boundary with
Illinois.
(d) "School" means any public or private primary or secondary school or
educational facility located in this State or a state which shares a common
boundary with Illinois.
(e) "School administrator" means the principal or similar administrator
who is responsible for the operations of the school.
(Source: P.A. 87-1240.)
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(820 ILCS 147/15)
Sec. 15. School conference and activity leave.
(a) An employer must grant an employee leave of up to a total of 8 hours
during any school year, and no more than 4 hours of which may be taken on
any given day, to attend school conferences, behavioral meetings, or academic meetings related
to the employee's child if the conference or meeting cannot be
scheduled during nonwork hours; however, no leave may be taken by an
employee of an employer that is subject to this Act unless the employee has
exhausted all accrued vacation leave, personal leave, compensatory leave and
any other leave that may be granted to the employee except sick leave and
disability leave. Before arranging attendance at the conference or activity,
the employee shall provide the employer with a written request for leave at
least 7 days in advance of the time the employee is required to utilize the
visitation right. In emergency situations, no more than 24 hours' notice
shall be required. The employee must consult with the employer to schedule
the leave so as not to disrupt unduly the operations of the employer.
(b) Nothing in this Act requires that the leave be paid.
(c) For regularly scheduled, nonemergency visitations, schools shall
make time available for visitation during both regular school hours and
evening hours.
(Source: P.A. 101-486, eff. 8-1-20.)
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(820 ILCS 147/20)
Sec. 20.
Compensation.
An employee who utilizes or seeks to utilize the
rights afforded by this Act may choose the opportunity to make up the time so
taken as guaranteed by this Act on a different day or shift as directed by the
employer. An employee who exercises his rights under this Act shall not be
required to make up the time taken, but if such employee does not make up the
time taken, such employee shall not be compensated for the time taken. An
employee who does make up the time taken shall be paid at the same rate as paid
for normal working time. Employers shall make a good faith effort to permit an
employee to make up the time taken for the purposes of this Act. If no
reasonable opportunity exists for the employee to make up the time taken, the
employee shall not be paid for the time. A reasonable opportunity to make up
the time taken does not include the scheduling of make-up time in a manner that
would require the payment of wages on an overtime basis. Notwithstanding any
other provision of this Section, if unpaid leave under this Act conflicts with
the unreduced compensation requirement for exempt employees under the federal
Fair Labor Standards Act, an employer may require an employee to make up the
leave hours within the same pay period.
(Source: P.A. 87-1240.)
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(820 ILCS 147/25)
Sec. 25.
Notification.
The State Superintendent of Education shall
notify each public and private primary and secondary school of this Act.
Each public and private school shall notify parents or guardians of the
school's students of their school visitation rights. The Department of
Labor shall notify employers of this Act.
(Source: P.A. 87-1240.)
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(820 ILCS 147/30)
Sec. 30.
Verification.
Upon completion of school visitation rights by
a parent or guardian, the school administrator shall provide the parent or
guardian documentation of the school visitation. The parent or guardian
shall submit such verification to the employer. The State Superintendent
and the Director of the Department of Labor shall suggest a standard form
of documentation of school visitation to schools for use as required by this
Section. The standard form of documentation shall include, but not be
limited to, the exact time and date the visitation occurred and ended.
Failure of a parent or guardian to submit the verification statement from
the school to his or her employer within 2 working days of the school
visitation subjects the employee to the standard disciplinary procedures
imposed by the employer for unexcused absences from work.
(Source: P.A. 87-1240.)
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(820 ILCS 147/35)
Sec. 35. Employee rights. (a) No employee shall lose any employee
benefits, except as provided for in Section 20 of this Act, for exercising
his or her rights under this Act. Nothing in this Act shall be construed to
affect an employer's obligation to comply with any collective bargaining
agreement or employee benefit plan. Nothing in this Act shall prevent an
employer from providing school visitation rights in excess of the requirements
of this Act. The rights afforded by this Act shall not be diminished by any
collective bargaining act or by any employee benefit plan.
(b) An employer may not terminate an employee for an absence from work if the absence is due solely to the employee's attendance at a school conference, behavioral meeting, or academic meeting, as provided in Section 15.(Source: P.A. 101-486, eff. 8-1-20.)
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(820 ILCS 147/40)
Sec. 40.
Applicability.
This Act applies solely to public and
private employers that employ at least 50 or more individuals in Illinois,
and to their employees.
(Source: P.A. 87-1240.)
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(820 ILCS 147/45)
Sec. 45.
Violation.
Any employer who violates this Act is guilty of a
petty offense and may be fined not more than $100 for each offense.
(Source: P.A. 87-1240.)
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(820 ILCS 147/49)
Sec. 49.
Limits on leave.
No employer that is subject to this Act is
required to grant school visitation leave to an employee if granting the
leave would result in more than 5% of the employer's work force or 5% of an
employer's work force shift taking school conference or activity leave at
the same time.
(Source: P.A. 87-1240.)
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