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| Public Act 102-0866 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
24-6 and by adding Section 34-18.78 as follows:
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(105 ILCS 5/24-6)
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Sec. 24-6. Sick leave. The school boards of all school | ||||
districts, including special charter
districts, but not | ||||
including school districts in municipalities of 500,000
or | ||||
more, shall grant their full-time teachers, and also shall | ||||
grant
such of their other employees as are eligible to | ||||
participate in the
Illinois Municipal Retirement Fund under | ||||
the "600-Hour Standard"
established, or under such other | ||||
eligibility participation standard as may
from time to time be | ||||
established, by rules and regulations now or hereafter
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promulgated by the Board of that Fund under Section 7-198 of | ||||
the Illinois
Pension Code, as now or hereafter amended, sick | ||||
leave
provisions not less in amount than 10 days at full pay in | ||||
each school year.
If any such teacher or employee does not use | ||||
the full amount of annual leave
thus allowed, the unused | ||||
amount shall be allowed to accumulate to a minimum
available | ||||
leave of 180 days at full pay, including the leave of the | ||||
current
year. Sick leave shall be interpreted to mean personal | ||||
illness, mental or behavioral health complications, quarantine
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at home, or serious illness or death in the immediate family or | ||
household.
The school board may require a certificate from a | ||
physician licensed in Illinois to practice medicine and | ||
surgery in all its branches, a mental health professional | ||
licensed in Illinois providing ongoing care or treatment to | ||
the teacher or employee, a chiropractic physician licensed | ||
under the Medical Practice Act of 1987, a licensed advanced | ||
practice registered nurse, a licensed physician assistant, or, | ||
if the treatment
is by prayer or spiritual means, a spiritual | ||
adviser or
practitioner of the teacher's or employee's faith | ||
as a basis for pay during leave after
an absence of 3 days for | ||
personal illness or as the school board may deem necessary in
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other cases. If the school board does require a
certificate
as | ||
a basis for pay during leave of
less than 3 days for personal | ||
illness, the school board shall pay, from school funds, the
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expenses incurred by the teachers or other employees in | ||
obtaining the certificate.
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Sick leave shall also be interpreted to mean birth, | ||
adoption, placement for adoption, and the acceptance of a | ||
child in need of foster care. Teachers and other employees to | ||
which this Section applies are entitled to use up to 30 days of | ||
paid sick leave because of the birth of a child that is not | ||
dependent on the need to recover from childbirth. Paid sick | ||
leave because of the birth of a child may be used absent | ||
medical certification for up to 30 working school days, which | ||
days may be used at any time within the 12-month period | ||
following the birth of the child. The use of up to 30 working | ||
school days of paid sick leave because of the birth of a child | ||
may not be diminished as a result of any intervening period of | ||
nonworking days or school not being in session, such as for | ||
summer, winter, or spring break or holidays, that may occur | ||
during the use of the paid sick leave. For paid sick leave for | ||
adoption, placement for adoption, or the acceptance of a child | ||
in need of foster care, the school board may require that the | ||
teacher or other employee to which this Section applies | ||
provide evidence that the formal adoption process or the | ||
formal foster care process is underway, and such sick leave is | ||
limited to 30 days unless a longer leave has been negotiated | ||
with the exclusive bargaining representative. Paid sick leave | ||
for adoption, placement for adoption, or the acceptance of a | ||
child in need of foster care need not be used consecutively | ||
once the formal adoption process or the formal foster care | ||
process is underway, and such sick leave may be used for | ||
reasons related to the formal adoption process or the formal | ||
foster care process prior to taking custody of the child or | ||
accepting the child in need of foster care, in addition to | ||
using such sick leave upon taking custody of the child or | ||
accepting the child in need of foster care. | ||
If, by reason of any change in the boundaries of school | ||
districts, or by
reason of the creation of a new school | ||
district, the employment of a
teacher is transferred to a new | ||
or different board, the accumulated sick
leave of such teacher | ||
is not thereby lost, but is transferred to such new
or | ||
different district.
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For purposes of this Section, "immediate family" shall | ||
include parents,
spouse, brothers, sisters, children, | ||
grandparents, grandchildren,
parents-in-law, brothers-in-law, | ||
sisters-in-law, and legal guardians.
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(Source: P.A. 102-275, eff. 8-6-21.)
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(105 ILCS 5/34-18.78 new) | ||
Sec. 34-18.78. Sick leave; mental or behavioral health | ||
complications. In addition to any interpretation or definition | ||
included in a collective bargaining agreement or board of | ||
education or district policy, sick leave, or its equivalent, | ||
to which a teacher or other eligible employee is entitled | ||
shall be interpreted to include mental or behavioral health | ||
complications. Unless contrary to a collective bargaining | ||
agreement or board of education or district policy, the board | ||
may require a certificate from a mental health professional | ||
licensed in Illinois providing ongoing care or treatment to | ||
the teacher or employee as a basis for pay during leave after | ||
an absence of 3 days for mental or behavioral health | ||
complications.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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