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91_HB0172
LRB9100234WHmg
1 AN ACT to amend the School Visitation Rights Act by
2 changing the title and Sections 1, 5, 10, 15, and 30.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Visitation Rights Act is amended
6 by changing the title and Sections 1, 5, 10, 15, and 30 as
7 follows:
8 (820 ILCS 147/Act title)
9 An Act in relation to school and health care provider
10 visitation rights.
11 (820 ILCS 147/1)
12 Sec. 1. This Act may be cited as the School and Health
13 Care Provider Visitation Rights Act.
14 (Source: P.A. 87-1240.)
15 (820 ILCS 147/5)
16 Sec. 5. Policy. The General Assembly of the State of
17 Illinois finds that the basis of a strong economy is an
18 educational system reliant upon parental involvement. The
19 General Assembly further finds that the health of our
20 children is a precious and irreplaceable asset. The intent
21 of this Act is to permit employed parents and guardians who
22 are unable to meet with educators, or accompany a child on a
23 visit to a health care provider, because of a work conflict
24 the right to an allotment of time during the school year to
25 attend necessary educational or behavioral conferences at the
26 school their children attend or to accompany their children
27 on a visit to a health care provider at any time during the
28 year.
29 (Source: P.A. 87-1240.)
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1 (820 ILCS 147/10)
2 Sec. 10. Definitions. As used in this Act:
3 (a) "Employee" means a person who performs services for
4 hire for an employer for:
5 (1) at least 6 consecutive months immediately
6 preceding a request for leave under this Act; and
7 (2) an average number of hours per week equal to at
8 least one-half the full-time equivalent position in the
9 employer's job classification, as defined by the
10 employer's personnel policies or practices or in
11 accordance with a collective bargaining agreement, during
12 those 6 months.
13 "Employee" includes all individuals meeting the above
14 criteria but does not include an independent contractor.
15 (b) "Employer" means any of the following: a State
16 agency, officer, or department, a unit of local government, a
17 school district, an individual, a corporation, a
18 partnership, an association, or a nonprofit organization.
19 (c) "Child" means a biological, adopted or foster child,
20 a stepchild or a legal ward of an employee and who is
21 enrolled in a primary or secondary public or private school
22 in this State or a state which shares a common boundary with
23 Illinois.
24 (d) "School" means any public or private primary or
25 secondary school or educational facility located in this
26 State or a state which shares a common boundary with
27 Illinois.
28 (e) "School administrator" means the principal or
29 similar administrator who is responsible for the operations
30 of the school.
31 (f) "Health care provider" means a health care
32 professional licensed under the Medical Practice Act of 1987,
33 the Illinois Dental Practice Act, the Illinois Optometric
34 Practice Act of 1987, the Nursing and Advanced Practice
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1 Nursing Act, or the Podiatric Medical Practice Act of 1987.
2 (Source: P.A. 87-1240.)
3 (820 ILCS 147/15)
4 Sec. 15. School conference and activity and health care
5 leave.
6 (a) An employer must grant an employee leave of up to a
7 total of 8 hours during any school year, and no more than 4
8 hours of which may be taken on any given day, to attend
9 school conferences or classroom activities related to the
10 employee's child if the conference or classroom activities
11 cannot be scheduled during nonwork hours.
12 (a-1) In addition to the leave provided by subsection
13 (a), an employer must grant an employee leave of up to a
14 total of 8 hours during any calendar year, and no more than 4
15 hours of which may be taken on any given day, to accompany
16 the employee's child to visits with a health care provider.
17 (a-2); however, No leave may be taken by an employee of
18 an employer that is subject to this Act unless the employee
19 has exhausted all accrued vacation leave, personal leave,
20 compensatory leave and any other leave that may be granted to
21 the employee except sick leave and disability leave. Before
22 arranging attendance at the conference or activity, the
23 employee shall provide the employer with a written request
24 for leave at least 7 days in advance of the time the employee
25 is required to utilize the visitation right. In emergency
26 situations, no more than 24 hours notice shall be required.
27 The employee must consult with the employer to schedule the
28 leave so as not to disrupt unduly the operations of the
29 employer.
30 (b) Nothing in this Act requires that the leave be paid.
31 (c) For regularly scheduled, nonemergency visitations,
32 schools shall make time available for visitation during both
33 regular school hours and evening hours.
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1 (Source: P.A. 87-1240.)
2 (820 ILCS 147/30)
3 Sec. 30. Verification.
4 (a) Upon completion of school visitation rights by a
5 parent or guardian, the school administrator shall provide
6 the parent or guardian documentation of the school
7 visitation. The parent or guardian shall submit such
8 verification to the employer. The State Superintendent and
9 the Director of the Department of Labor shall suggest a
10 standard form of documentation of school visitation to
11 schools for use as required by this Section. The standard
12 form of documentation shall include, but not be limited to,
13 the exact time and date the visitation occurred and ended.
14 Failure of a parent or guardian to submit the verification
15 statement from the school to his or her employer within 2
16 working days of the school visitation subjects the employee
17 to the standard disciplinary procedures imposed by the
18 employer for unexcused absences from work.
19 (c) Upon completion of a visit to a health care
20 provider, the health care provider shall provide the parent
21 or guardian with documentation of the visit. The Director of
22 the Department of Public Health and the Director of the
23 Department of Labor shall suggest a standard form of
24 documentation of health care visits for use as required by
25 this Section. The standard form shall include, but not be
26 limited to, the exact time and date the visit began and
27 ended. Time spent in a patient waiting room or reception
28 area shall be considered part of the health care visit.
29 Failure of a parent or guardian to submit the verification
30 statement from the health care provider to his or her
31 employer within 2 working days of the health care visit
32 subjects the employee to the standard disciplinary procedures
33 imposed by the employer for unexcused absences from work.
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1 (Source: P.A. 87-1240.)