Bill Text: IL HB0548 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the School Code. With respect to sick leave for teachers (other than in the Chicago school district), provides that a school board may require a certificate from a physician, advanced practice nurse, physician assistant, or spiritual adviser or practitioner as a basis for pay during leave after an absence of 30 days for birth. Provides that for paid sick leave for adoption or placement for adoption, the school board may require that the teacher or other employee provide evidence that the formal adoption process is underway, and such leave is limited to 30 days unless a longer leave has been negotiated with the exclusive bargaining representative. Imposes conditions on any rulemaking authority. Effective immediately.
Spectrum: Partisan Bill (Republican 29-1)
Status: (Failed) 2009-10-21 - Total Veto Stands - No Positive Action Taken [HB0548 Detail]
Download: Illinois-2009-HB0548-Enrolled.html
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| 1 | AN ACT concerning education.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The School Code is amended by changing Section | ||||||
| 5 | 24-6 as follows:
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| 6 | (105 ILCS 5/24-6) (from Ch. 122, par. 24-6)
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| 7 | Sec. 24-6. Sick leave. The school boards of all school | ||||||
| 8 | districts, including special charter
districts, but not | ||||||
| 9 | including school districts in municipalities of 500,000
or | ||||||
| 10 | more, shall grant their full-time teachers, and also shall | ||||||
| 11 | grant
such of their other employees as are eligible to | ||||||
| 12 | participate in the
Illinois Municipal Retirement Fund under the | ||||||
| 13 | "600-Hour Standard"
established, or under such other | ||||||
| 14 | eligibility participation standard as may
from time to time be | ||||||
| 15 | established, by rules and regulations now or hereafter
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| 16 | promulgated by the Board of that Fund under Section 7-198 of | ||||||
| 17 | the Illinois
Pension Code, as now or hereafter amended, sick | ||||||
| 18 | leave
provisions not less in amount than 10 days at full pay in | ||||||
| 19 | each school year.
If any such teacher or employee does not use | ||||||
| 20 | the full amount of annual leave
thus allowed, the unused amount | ||||||
| 21 | shall be allowed to accumulate to a minimum
available leave of | ||||||
| 22 | 180 days at full pay, including the leave of the current
year. | ||||||
| 23 | Sick leave shall be interpreted to mean personal illness, | ||||||
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| 1 | quarantine
at home, serious illness or death in the immediate | ||||||
| 2 | family or household, or
birth, adoption, or placement for | ||||||
| 3 | adoption.
The school board may require a certificate from a | ||||||
| 4 | physician licensed in Illinois to practice medicine and surgery | ||||||
| 5 | in all its branches, an advanced practice nurse who has a | ||||||
| 6 | written collaborative agreement with a collaborating physician | ||||||
| 7 | that authorizes the advanced practice nurse to perform health | ||||||
| 8 | examinations, or a physician assistant who has been delegated | ||||||
| 9 | the authority to perform health examinations by his or her | ||||||
| 10 | supervising physician, or, if the treatment
is by prayer or | ||||||
| 11 | spiritual means, that of a spiritual adviser or
practitioner of | ||||||
| 12 | the teacher's or employee's such person's faith, as a basis for | ||||||
| 13 | pay during leave after
an absence of 3 days for personal | ||||||
| 14 | illness or 30 days for birth , or as the school board it may | ||||||
| 15 | deem necessary in
other cases. If the school board does require | ||||||
| 16 | a
certificate
as a basis for pay during leave of
less than 3 | ||||||
| 17 | days for personal illness, the school board shall pay, from | ||||||
| 18 | school funds, the
expenses incurred by the teachers or other | ||||||
| 19 | employees in obtaining the certificate. For paid leave for | ||||||
| 20 | adoption or placement for adoption, the school board may | ||||||
| 21 | require that the teacher or other employee provide evidence | ||||||
| 22 | that the formal adoption process is underway, and such leave is | ||||||
| 23 | limited to 30 days unless a longer leave has been negotiated | ||||||
| 24 | with the exclusive bargaining representative. Rulemaking | ||||||
| 25 | authority to implement this amendatory Act of the 96th General | ||||||
| 26 | Assembly, if any, is conditioned on the rules being adopted in | ||||||
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| 1 | accordance with all provisions of the Illinois Administrative | ||||||
| 2 | Procedure Act and all rules and procedures of the Joint | ||||||
| 3 | Committee on Administrative Rules; any purported rule not so | ||||||
| 4 | adopted, for whatever reason, is unauthorized.
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| 5 | If, by reason of any change in the boundaries of school | ||||||
| 6 | districts, or by
reason of the creation of a new school | ||||||
| 7 | district, the employment of a
teacher is transferred to a new | ||||||
| 8 | or different board, the accumulated sick
leave of such teacher | ||||||
| 9 | is not thereby lost, but is transferred to such new
or | ||||||
| 10 | different district.
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| 11 | For purposes of this Section, "immediate family" shall | ||||||
| 12 | include parents,
spouse, brothers, sisters, children, | ||||||
| 13 | grandparents, grandchildren,
parents-in-law, brothers-in-law, | ||||||
| 14 | sisters-in-law, and legal guardians.
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| 15 | (Source: P.A. 94-350, eff. 7-28-05; 95-151, eff. 8-14-07.)
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| 16 | Section 99. Effective date. This Act takes effect upon | ||||||
| 17 | becoming law.
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