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90_HB0180ham001
LRB9000342WHdvam01
1 AMENDMENT TO HOUSE BILL 180
2 AMENDMENT NO. . Amend House Bill 180 by replacing
3 the title with the following:
4 "AN ACT to amend the School Visitation Rights Act by
5 changing the title and Sections 1, 5, 10, 15, and 30."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Visitation Rights Act is amended
9 by changing the title and Sections 1, 5, 10, 15, and 30 as
10 follows:
11 (820 ILCS 147/Act title)
12 An Act in relation to school and health care provider
13 visitation rights.
14 (820 ILCS 147/1)
15 Sec. 1. This Act may be cited as the School and Health
16 Care Provider Visitation Rights Act.
17 (Source: P.A. 87-1240.)
18 (820 ILCS 147/5)
19 Sec. 5. Policy. The General Assembly of the State of
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1 Illinois finds that the basis of a strong economy is an
2 educational system reliant upon parental involvement. The
3 General Assembly further finds that the health of our
4 children is a precious and irreplaceable asset. The intent
5 of this Act is to permit employed parents and guardians who
6 are unable to meet with educators, or accompany a child on a
7 visit to a health care provider, because of a work conflict
8 the right to an allotment of time during the school year to
9 attend necessary educational or behavioral conferences at the
10 school their children attend or to accompany their children
11 on a visit to a health care provider at any time during the
12 year.
13 (Source: P.A. 87-1240.)
14 (820 ILCS 147/10)
15 Sec. 10. Definitions. As used in this Act:
16 (a) "Employee" means a person who performs services for
17 hire for an employer for:
18 (1) at least 6 consecutive months immediately
19 preceding a request for leave under this Act; and
20 (2) an average number of hours per week equal to at
21 least one-half the full-time equivalent position in the
22 employer's job classification, as defined by the
23 employer's personnel policies or practices or in
24 accordance with a collective bargaining agreement, during
25 those 6 months.
26 "Employee" includes all individuals meeting the above
27 criteria but does not include an independent contractor.
28 (b) "Employer" means any of the following: a State
29 agency, officer, or department, a unit of local government, a
30 school district, an individual, a corporation, a
31 partnership, an association, or a nonprofit organization.
32 (c) "Child" means a biological, adopted or foster child,
33 a stepchild or a legal ward of an employee and who is
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1 enrolled in a primary or secondary public or private school
2 in this State or a state which shares a common boundary with
3 Illinois.
4 (d) "School" means any public or private primary or
5 secondary school or educational facility located in this
6 State or a state which shares a common boundary with
7 Illinois.
8 (e) "School administrator" means the principal or
9 similar administrator who is responsible for the operations
10 of the school.
11 (f) "Health care provider" means a health care
12 professional licensed under the Medical Practice Act of 1987,
13 the Illinois Dental Practice Act, the Illinois Optometric
14 Practice Act of 1987, the Illinois Nursing Act of 1987, or
15 the Podiatric Medical Practice Act of 1987.
16 (Source: P.A. 87-1240.)
17 (820 ILCS 147/15)
18 Sec. 15. School conference and activity and health care
19 leave.
20 (a) An employer must grant an employee leave of up to a
21 total of 8 hours during any school year, and no more than 4
22 hours of which may be taken on any given day, to attend
23 school conferences or classroom activities related to the
24 employee's child if the conference or classroom activities
25 cannot be scheduled during nonwork hours.
26 (a-1) In addition to the leave provided by subsection
27 (a), an employer must grant an employee leave of up to a
28 total of 8 hours during any calendar year, and no more than 4
29 hours of which may be taken on any given day, to accompany
30 the employee's child to visits with a health care provider.
31 (a-2); however, No leave may be taken by an employee of
32 an employer that is subject to this Act unless the employee
33 has exhausted all accrued vacation leave, personal leave,
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1 compensatory leave and any other leave that may be granted to
2 the employee except sick leave and disability leave. Before
3 arranging attendance at the conference or activity, the
4 employee shall provide the employer with a written request
5 for leave at least 7 days in advance of the time the employee
6 is required to utilize the visitation right. In emergency
7 situations, no more than 24 hours notice shall be required.
8 The employee must consult with the employer to schedule the
9 leave so as not to disrupt unduly the operations of the
10 employer.
11 (b) Nothing in this Act requires that the leave be paid.
12 (c) For regularly scheduled, nonemergency visitations,
13 schools shall make time available for visitation during both
14 regular school hours and evening hours.
15 (Source: P.A. 87-1240.)
16 (820 ILCS 147/30)
17 Sec. 30. Verification.
18 (a) Upon completion of school visitation rights by a
19 parent or guardian, the school administrator shall provide
20 the parent or guardian documentation of the school
21 visitation. The parent or guardian shall submit such
22 verification to the employer. The State Superintendent and
23 the Director of the Department of Labor shall suggest a
24 standard form of documentation of school visitation to
25 schools for use as required by this Section. The standard
26 form of documentation shall include, but not be limited to,
27 the exact time and date the visitation occurred and ended.
28 Failure of a parent or guardian to submit the verification
29 statement from the school to his or her employer within 2
30 working days of the school visitation subjects the employee
31 to the standard disciplinary procedures imposed by the
32 employer for unexcused absences from work.
33 (c) Upon completion of a visit to a health care
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1 provider, the health care provider shall provide the parent
2 or guardian with documentation of the visit. The Director of
3 the Department of Public Health and the Director of the
4 Department of Labor shall suggest a standard form of
5 documentation of health care visits for use as required by
6 this Section. The standard form shall include, but not be
7 limited to, the exact time and date the visit began and
8 ended. Time spent in a patient waiting room or reception
9 area shall be considered part of the health care visit.
10 Failure of a parent or guardian to submit the verification
11 statement from the health care provider to his or her
12 employer within 2 working days of the health care visit
13 subjects the employee to the standard disciplinary procedures
14 imposed by the employer for unexcused absences from work.
15 (Source: P.A. 87-1240.)".