Bill Text: IL HB0816 | 2021-2022 | 102nd General Assembly | Chaptered
Bill Title: Reinserts the contents of the engrossed bill with the following changes. Provides that, in addition to birth, adoption, or placement for adoption, sick leave shall also be interpreted to mean the acceptance of a child in need of foster care. Provides that for paid sick leave for the acceptance of a child in need of foster care, a school board may require that the teacher or other employee provide evidence that 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. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2021-08-06 - Public Act . . . . . . . . . 102-0275 [HB0816 Detail]
Download: Illinois-2021-HB0816-Chaptered.html
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Public Act 102-0275 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
24-6 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, quarantine
at home, or serious illness or death in | ||
the immediate family or household , or
birth, adoption, or | ||
placement for adoption .
The school board may require a | ||
certificate from a physician licensed in Illinois to practice | ||
medicine and surgery in all its branches, 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 30 days for | ||
birth or as the school board may deem necessary in
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
expenses | ||
incurred by the teachers or other employees in obtaining the | ||
certificate. For paid 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.
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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. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18 .)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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