Bill Text: IL HB2778 | 2021-2022 | 102nd General Assembly | Enrolled


Bill Title: Amends the School Code and various Acts relating to the governance of public universities and community colleges in Illinois. Requires school districts and the governing board of each public university and community college district to provide paid administrative leave to an employee for purposes related to COVID-19 under specified conditions. Provides that an employee of a school district or an institution of higher education who is on paid administrative leave must receive their regular rate of pay. Sets forth other requirements. For any school closure or use of an e-learning day that is related to COVID-19 guidance, mandates, or rules, requires a school district to pay to its educational support personnel and contractors their daily, regular rate of pay and benefits. Requires a school district to return any sick leave used during the 2021-2022 school year by a teacher or employee for reasons related to the issuance of guidance, mandates, or rules related to COVID-19 and public health. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 35-3)

Status: (Enrolled) 2021-11-01 - Passed Both Houses [HB2778 Detail]

Download: Illinois-2021-HB2778-Enrolled.html



HB2778 EnrolledLRB102 14280 CMG 19632 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
510-20.56 and 24-6 and by adding Sections 10-20.82, 34-18.77,
6and 34-85e as follows:
7 (105 ILCS 5/10-20.56)
8 (Text of Section before amendment by P.A. 102-584)
9 Sec. 10-20.56. E-learning days.
10 (a) The State Board of Education shall establish and
11maintain, for implementation in school districts, a program
12for use of electronic-learning (e-learning) days, as described
13in this Section. School districts may utilize a program
14approved under this Section for use during remote learning
15days and blended remote learning days under Section 10-30 or
1634-18.66.
17 (b) The school board of a school district may, by
18resolution, adopt a research-based program or research-based
19programs for e-learning days district-wide that shall permit
20student instruction to be received electronically while
21students are not physically present in lieu of the district's
22scheduled emergency days as required by Section 10-19 of this
23Code. The research-based program or programs may not exceed

HB2778 Enrolled- 2 -LRB102 14280 CMG 19632 b
1the minimum number of emergency days in the approved school
2calendar and must be verified by the regional office of
3education or intermediate service center for the school
4district on or before September 1st annually to ensure access
5for all students. The regional office of education or
6intermediate service center shall ensure that the specific
7needs of all students are met, including special education
8students and English learners, and that all mandates are still
9met using the proposed research-based program. The e-learning
10program may utilize the Internet, telephones, texts, chat
11rooms, or other similar means of electronic communication for
12instruction and interaction between teachers and students that
13meet the needs of all learners. The e-learning program shall
14address the school district's responsibility to ensure that
15all teachers and staff who may be involved in the provision of
16e-learning have access to any and all hardware and software
17that may be required for the program. If a proposed program
18does not address this responsibility, the school district must
19propose an alternate program.
20 (c) Before its adoption by a school board, the school
21board must hold a public hearing on a school district's
22initial proposal for an e-learning program or for renewal of
23such a program, at a regular or special meeting of the school
24board, in which the terms of the proposal must be
25substantially presented and an opportunity for allowing public
26comments must be provided. Notice of such public hearing must

HB2778 Enrolled- 3 -LRB102 14280 CMG 19632 b
1be provided at least 10 days prior to the hearing by:
2 (1) publication in a newspaper of general circulation
3 in the school district;
4 (2) written or electronic notice designed to reach the
5 parents or guardians of all students enrolled in the
6 school district; and
7 (3) written or electronic notice designed to reach any
8 exclusive collective bargaining representatives of school
9 district employees and all those employees not in a
10 collective bargaining unit.
11 (d) The regional office of education or intermediate
12service center for the school district must timely verify that
13a proposal for an e-learning program has met the requirements
14specified in this Section and that the proposal contains
15provisions designed to reasonably and practicably accomplish
16the following:
17 (1) to ensure and verify at least 5 clock hours of
18 instruction or school work, as required under Section
19 10-19.05, for each student participating in an e-learning
20 day;
21 (2) to ensure access from home or other appropriate
22 remote facility for all students participating, including
23 computers, the Internet, and other forms of electronic
24 communication that must be utilized in the proposed
25 program;
26 (2.5) to ensure that non-electronic materials are made

HB2778 Enrolled- 4 -LRB102 14280 CMG 19632 b
1 available to students participating in the program who do
2 not have access to the required technology or to
3 participating teachers or students who are prevented from
4 accessing the required technology;
5 (3) to ensure appropriate learning opportunities for
6 students with special needs;
7 (4) to monitor and verify each student's electronic
8 participation;
9 (5) to address the extent to which student
10 participation is within the student's control as to the
11 time, pace, and means of learning;
12 (6) to provide effective notice to students and their
13 parents or guardians of the use of particular days for
14 e-learning;
15 (7) to provide staff and students with adequate
16 training for e-learning days' participation;
17 (8) to ensure an opportunity for any collective
18 bargaining negotiations with representatives of the school
19 district's employees that would be legally required,
20 including all classifications of school district employees
21 who are represented by collective bargaining agreements
22 and who would be affected in the event of an e-learning
23 day;
24 (9) to review and revise the program as implemented to
25 address difficulties confronted; and
26 (10) to ensure that the protocol regarding general

HB2778 Enrolled- 5 -LRB102 14280 CMG 19632 b
1 expectations and responsibilities of the program is
2 communicated to teachers, staff, and students at least 30
3 days prior to utilizing an e-learning day.
4 The school board's approval of a school district's initial
5e-learning program and renewal of the e-learning program shall
6be for a term of 3 years.
7 (d-10) A school district shall pay to its employees who
8provide educational support services to the district,
9including, but not limited to, custodial, transportation, food
10service providers, classroom assistants, or administrative
11staff, their daily, regular rate of pay and benefits rendered
12for any school closure or e-learning day if the closure
13precludes them from performing their regularly scheduled
14duties and the employee would have reported for work but for
15the closure.
16 (d-15) A school district shall make full payment that
17would have otherwise been paid to its contractors who provide
18educational support services to the district, including, but
19not limited to, custodial, transportation, food service
20providers, classroom assistants, or administrative staff,
21their daily, regular rate of pay and benefits rendered for any
22school closure or e-learning day if any closure precludes them
23from performing their regularly scheduled duties and employees
24would have reported for work but for the closure. The
25employees who provide the support services covered by such
26contracts shall be paid their daily bid package rates and

HB2778 Enrolled- 6 -LRB102 14280 CMG 19632 b
1benefits as defined by their local operating agreements or
2collective bargaining agreements.
3 (e) The State Board of Education may adopt rules
4consistent with the provision of this Section.
5(Source: P.A. 100-760, eff. 8-10-18; 101-12, eff. 7-1-19;
6101-643, eff. 6-18-20.)
7 (Text of Section after amendment by P.A. 102-584)
8 Sec. 10-20.56. E-learning days.
9 (a) The State Board of Education shall establish and
10maintain, for implementation in school districts, a program
11for use of electronic-learning (e-learning) days, as described
12in this Section. School districts may utilize a program
13approved under this Section for use during remote learning
14days and blended remote learning days under Section 10-30 or
1534-18.66.
16 (b) The school board of a school district may, by
17resolution, adopt a research-based program or research-based
18programs for e-learning days district-wide that shall permit
19student instruction to be received electronically while
20students are not physically present in lieu of the district's
21scheduled emergency days as required by Section 10-19 of this
22Code or because a school was selected to be a polling place
23under Section 11-4.1 of the Election Code. The research-based
24program or programs may not exceed the minimum number of
25emergency days in the approved school calendar and must be

HB2778 Enrolled- 7 -LRB102 14280 CMG 19632 b
1verified by the regional office of education or intermediate
2service center for the school district on or before September
31st annually to ensure access for all students. The regional
4office of education or intermediate service center shall
5ensure that the specific needs of all students are met,
6including special education students and English learners, and
7that all mandates are still met using the proposed
8research-based program. The e-learning program may utilize the
9Internet, telephones, texts, chat rooms, or other similar
10means of electronic communication for instruction and
11interaction between teachers and students that meet the needs
12of all learners. The e-learning program shall address the
13school district's responsibility to ensure that all teachers
14and staff who may be involved in the provision of e-learning
15have access to any and all hardware and software that may be
16required for the program. If a proposed program does not
17address this responsibility, the school district must propose
18an alternate program.
19 (c) Before its adoption by a school board, the school
20board must hold a public hearing on a school district's
21initial proposal for an e-learning program or for renewal of
22such a program, at a regular or special meeting of the school
23board, in which the terms of the proposal must be
24substantially presented and an opportunity for allowing public
25comments must be provided. Notice of such public hearing must
26be provided at least 10 days prior to the hearing by:

HB2778 Enrolled- 8 -LRB102 14280 CMG 19632 b
1 (1) publication in a newspaper of general circulation
2 in the school district;
3 (2) written or electronic notice designed to reach the
4 parents or guardians of all students enrolled in the
5 school district; and
6 (3) written or electronic notice designed to reach any
7 exclusive collective bargaining representatives of school
8 district employees and all those employees not in a
9 collective bargaining unit.
10 (d) The regional office of education or intermediate
11service center for the school district must timely verify that
12a proposal for an e-learning program has met the requirements
13specified in this Section and that the proposal contains
14provisions designed to reasonably and practicably accomplish
15the following:
16 (1) to ensure and verify at least 5 clock hours of
17 instruction or school work, as required under Section
18 10-19.05, for each student participating in an e-learning
19 day;
20 (2) to ensure access from home or other appropriate
21 remote facility for all students participating, including
22 computers, the Internet, and other forms of electronic
23 communication that must be utilized in the proposed
24 program;
25 (2.5) to ensure that non-electronic materials are made
26 available to students participating in the program who do

HB2778 Enrolled- 9 -LRB102 14280 CMG 19632 b
1 not have access to the required technology or to
2 participating teachers or students who are prevented from
3 accessing the required technology;
4 (3) to ensure appropriate learning opportunities for
5 students with special needs;
6 (4) to monitor and verify each student's electronic
7 participation;
8 (5) to address the extent to which student
9 participation is within the student's control as to the
10 time, pace, and means of learning;
11 (6) to provide effective notice to students and their
12 parents or guardians of the use of particular days for
13 e-learning;
14 (7) to provide staff and students with adequate
15 training for e-learning days' participation;
16 (8) to ensure an opportunity for any collective
17 bargaining negotiations with representatives of the school
18 district's employees that would be legally required,
19 including all classifications of school district employees
20 who are represented by collective bargaining agreements
21 and who would be affected in the event of an e-learning
22 day;
23 (9) to review and revise the program as implemented to
24 address difficulties confronted; and
25 (10) to ensure that the protocol regarding general
26 expectations and responsibilities of the program is

HB2778 Enrolled- 10 -LRB102 14280 CMG 19632 b
1 communicated to teachers, staff, and students at least 30
2 days prior to utilizing an e-learning day.
3 The school board's approval of a school district's initial
4e-learning program and renewal of the e-learning program shall
5be for a term of 3 years.
6 (d-5) A school district shall pay to its contractors who
7provide educational support services to the district,
8including, but not limited to, custodial, transportation, or
9food service providers, their daily, regular rate of pay or
10billings rendered for any e-learning day that is used because
11a school was selected to be a polling place under Section
1211-4.1 of the Election Code, except that this requirement does
13not apply to contractors who are paid under contracts that are
14entered into, amended, or renewed on or after March 15, 2022 or
15to contracts that otherwise address compensation for such
16e-learning days.
17 (d-10) A school district shall pay to its employees who
18provide educational support services to the district,
19including, but not limited to, custodial, transportation, food
20service providers, classroom assistants, or administrative
21staff, their daily, regular rate of pay and benefits rendered
22for any school closure or e-learning day if the closure
23precludes them from performing their regularly scheduled
24duties and the employee would have reported for work but for
25the closure.
26 (d-15) A school district shall make full payment that

HB2778 Enrolled- 11 -LRB102 14280 CMG 19632 b
1would have otherwise been paid to its contractors who provide
2educational support services to the district, including, but
3not limited to, custodial, transportation, food service
4providers, classroom assistants, or administrative staff,
5their daily, regular rate of pay and benefits rendered for any
6school closure or e-learning day if any closure precludes them
7from performing their regularly scheduled duties and employees
8would have reported for work but for the closure. The
9employees who provide the support services covered by such
10contracts shall be paid their daily bid package rates and
11benefits as defined by their local operating agreements or
12collective bargaining agreements.
13 (e) The State Board of Education may adopt rules
14consistent with the provision of this Section.
15(Source: P.A. 101-12, eff. 7-1-19; 101-643, eff. 6-18-20;
16102-584, eff. 6-1-22.)
17 (105 ILCS 5/10-20.82 new)
18 Sec. 10-20.82. COVID-19 paid administrative leave.
19 (a) During any time a school district, the State or any of
20its agencies, or a local public health department has issued
21guidance, mandates, or rules related to COVID-19 that restrict
22an employee of the school district for purposes related to
23COVID-19 and public health from being on school district
24property, the employee of the school district shall receive as
25many days of administrative leave as required to abide by such

HB2778 Enrolled- 12 -LRB102 14280 CMG 19632 b
1public health guidance, mandates, and requirements issued by
2the Department of Public Health, unless a longer period of
3paid administrative leave has been negotiated with the
4exclusive bargaining representative, when the Governor has
5declared a disaster due to a public health emergency pursuant
6to Section 7 of the Illinois Emergency Management Agency Act.
7 (b) An employee of a school district shall receive paid
8administrative leave pursuant to subsection (a), unless a
9longer period of paid administrative leave has been negotiated
10with the exclusive bargaining representative, to care for a
11child of the employee if the child is unable to attend
12elementary or secondary school because the child must be
13isolated or quarantined from others because the child has:
14 (1) a confirmed positive COVID-19 diagnosis via a
15 molecular amplification diagnostic test, such as a
16 polymerase chain reaction (PCR) test for COVID-19;
17 (2) a probable COVID-19 diagnosis via an antigen
18 diagnostic test; or
19 (3) been in close contact with a person who has a
20 confirmed case of COVID-19.
21 (c) An employee of a school district who is on paid
22administrative leave pursuant to this Section must provide all
23documentation requested by the school board.
24 (d) An employee of a school district who is on paid
25administrative leave pursuant to this Section shall receive
26the employee's regular rate of pay. The use of a paid

HB2778 Enrolled- 13 -LRB102 14280 CMG 19632 b
1administrative leave day or days by an employee pursuant to
2this Section shall not diminish any other leave or benefits of
3the employee.
4 (e) An employee of the school district may not accrue paid
5administrative leave pursuant to this Section.
6 (f) For an employee of a school district to be eligible to
7receive paid administrative leave pursuant to this Section,
8the employee must:
9 (1) have received the recommended dose of a COVID-19
10 vaccine approved by the United States Food and Drug
11 Administration; or
12 (2) participate in the COVID-19 testing program
13 provided by the school district at least once a week.
14 (105 ILCS 5/24-6)
15 Sec. 24-6. Sick leave. The school boards of all school
16districts, including special charter districts, but not
17including school districts in municipalities of 500,000 or
18more, shall grant their full-time teachers, and also shall
19grant such of their other employees as are eligible to
20participate in the Illinois Municipal Retirement Fund under
21the "600-Hour Standard" established, or under such other
22eligibility participation standard as may from time to time be
23established, by rules and regulations now or hereafter
24promulgated by the Board of that Fund under Section 7-198 of
25the Illinois Pension Code, as now or hereafter amended, sick

HB2778 Enrolled- 14 -LRB102 14280 CMG 19632 b
1leave provisions not less in amount than 10 days at full pay in
2each school year. If any such teacher or employee does not use
3the full amount of annual leave thus allowed, the unused
4amount shall be allowed to accumulate to a minimum available
5leave of 180 days at full pay, including the leave of the
6current year. Sick leave shall be interpreted to mean personal
7illness, quarantine at home, or serious illness or death in
8the immediate family or household. The school board may
9require a certificate from a physician licensed in Illinois to
10practice medicine and surgery in all its branches, a
11chiropractic physician licensed under the Medical Practice Act
12of 1987, a licensed advanced practice registered nurse, a
13licensed physician assistant, or, if the treatment is by
14prayer or spiritual means, a spiritual adviser or practitioner
15of the teacher's or employee's faith as a basis for pay during
16leave after an absence of 3 days for personal illness or as the
17school board may deem necessary in other cases. If the school
18board does require a certificate as a basis for pay during
19leave of less than 3 days for personal illness, the school
20board shall pay, from school funds, the expenses incurred by
21the teachers or other employees in obtaining the certificate.
22 Sick leave shall also be interpreted to mean birth,
23adoption, placement for adoption, and the acceptance of a
24child in need of foster care. Teachers and other employees to
25which this Section applies are entitled to use up to 30 days of
26paid sick leave because of the birth of a child that is not

HB2778 Enrolled- 15 -LRB102 14280 CMG 19632 b
1dependent on the need to recover from childbirth. Paid sick
2leave because of the birth of a child may be used absent
3medical certification for up to 30 working school days, which
4days may be used at any time within the 12-month period
5following the birth of the child. The use of up to 30 working
6school days of paid sick leave because of the birth of a child
7may not be diminished as a result of any intervening period of
8nonworking days or school not being in session, such as for
9summer, winter, or spring break or holidays, that may occur
10during the use of the paid sick leave. For paid sick leave for
11adoption, placement for adoption, or the acceptance of a child
12in need of foster care, the school board may require that the
13teacher or other employee to which this Section applies
14provide evidence that the formal adoption process or the
15formal foster care process is underway, and such sick leave is
16limited to 30 days unless a longer leave has been negotiated
17with the exclusive bargaining representative. Paid sick leave
18for adoption, placement for adoption, or the acceptance of a
19child in need of foster care need not be used consecutively
20once the formal adoption process or the formal foster care
21process is underway, and such sick leave may be used for
22reasons related to the formal adoption process or the formal
23foster care process prior to taking custody of the child or
24accepting the child in need of foster care, in addition to
25using such sick leave upon taking custody of the child or
26accepting the child in need of foster care.

HB2778 Enrolled- 16 -LRB102 14280 CMG 19632 b
1 If, by reason of any change in the boundaries of school
2districts, or by reason of the creation of a new school
3district, the employment of a teacher is transferred to a new
4or different board, the accumulated sick leave of such teacher
5is not thereby lost, but is transferred to such new or
6different district.
7 Any sick leave used by a teacher or employee during the
82021-2022 school year for reasons related to guidance,
9mandates, or rules issued by the school district, the State or
10any of its agencies, or a local public health department
11related to COVID-19 and public health shall be returned to the
12teacher or employee.
13 For purposes of this Section, "immediate family" shall
14include parents, spouse, brothers, sisters, children,
15grandparents, grandchildren, parents-in-law, brothers-in-law,
16sisters-in-law, and legal guardians.
17(Source: P.A. 102-275, eff. 8-6-21.)
18 (105 ILCS 5/34-18.77 new)
19 Sec. 34-18.77. COVID-19 paid administrative leave.
20 (a) During any time the school district, the State or any
21of its agencies, or a local public health department has
22issued guidance, mandates, or rules related to COVID-19 that
23restrict an employee of the school district for purposes
24related to COVID-19 and public health from being on school
25district property, the employee of the school district shall

HB2778 Enrolled- 17 -LRB102 14280 CMG 19632 b
1receive as many days of administrative leave as required to
2abide by such public health guidance, mandates, and
3requirements issued by the Department of Public Health, unless
4a longer period of paid administrative leave has been
5negotiated with the exclusive bargaining representative, when
6the Governor has declared a disaster due to a public health
7emergency pursuant to Section 7 of the Illinois Emergency
8Management Agency Act.
9 (b) An employee of the school district shall receive paid
10administrative leave pursuant to subsection (a), unless a
11longer period of paid administrative leave has been negotiated
12with the exclusive bargaining representative, to care for a
13child of the employee if the child is unable to attend
14elementary or secondary school because the child must be
15isolated or quarantined from others because the child has:
16 (1) a confirmed positive COVID-19 diagnosis via a
17 molecular amplification diagnostic test, such as a
18 polymerase chain reaction (PCR) test for COVID-19;
19 (2) a probable COVID-19 diagnosis via an antigen
20 diagnostic test; or
21 (3) been in close contact with a person who has a
22 confirmed case of COVID-19.
23 (c) An employee of the school district who is on paid
24administrative leave pursuant to this Section must provide all
25documentation requested by the board.
26 (d) An employee of the school district who is on paid

HB2778 Enrolled- 18 -LRB102 14280 CMG 19632 b
1administrative leave pursuant to this Section shall receive
2the employee's regular rate of pay. The use of a paid
3administrative leave day or days by an employee pursuant to
4this Section shall not diminish any other leave or benefits of
5the employee.
6 (e) An employee of the school district may not accrue paid
7administrative leave pursuant to this Section.
8 (f) For an employee of the school district to be eligible
9to receive paid administrative leave pursuant to this Section,
10the employee must:
11 (1) have received the recommended dose of a COVID-19
12 vaccine approved by the United States Food and Drug
13 Administration; or
14 (2) participate in the COVID-19 testing program
15 provided by the school district at least once a week.
16 (105 ILCS 5/34-85e new)
17 Sec. 34-85e. Sick leave related to COVID-19. Any sick
18leave used by a teacher or employee during the 2021-2022
19school year for reasons related to guidance, mandates, or
20rules issued by the school district, the State or any of its
21agencies, or a local public health department related to
22COVID-19 and public health shall be returned to the teacher or
23employee.
24 Section 10. The University of Illinois Act is amended by

HB2778 Enrolled- 19 -LRB102 14280 CMG 19632 b
1adding Section 125 as follows:
2 (110 ILCS 305/125 new)
3 Sec. 125. COVID-19 paid administrative leave.
4 (a) During any time the Board of Trustees, the State or any
5of its agencies, or a local public health department has
6issued guidance, mandates, or rules related to COVID-19 that
7restrict an employee of the university for purposes related to
8COVID-19 and public health from being on university property,
9the employee of the university shall receive as many days of
10administrative leave as required to abide by such public
11health guidance, mandates, and requirements issued by the
12Department of Public Health, unless a longer period of paid
13administrative leave has been negotiated with the exclusive
14bargaining representative, when the Governor has declared a
15disaster due to a public health emergency pursuant to Section
167 of the Illinois Emergency Management Agency Act.
17 (b) An employee of the university shall receive paid
18administrative leave pursuant to subsection (a), unless a
19longer period of paid administrative leave has been negotiated
20with the exclusive bargaining representative, to care for a
21child of the employee if the child is unable to attend
22elementary or secondary school because the child must be
23isolated or quarantined from others because the child has:
24 (1) a confirmed positive COVID-19 diagnosis via a
25 molecular amplification diagnostic test, such as a

HB2778 Enrolled- 20 -LRB102 14280 CMG 19632 b
1 polymerase chain reaction (PCR) test for COVID-19;
2 (2) a probable COVID-19 diagnosis via an antigen
3 diagnostic test; or
4 (3) been in close contact with a person who has a
5 confirmed case of COVID-19.
6 (c) An employee of the university who is on paid
7administrative leave pursuant to this Section must provide all
8documentation requested by the Board of Trustees.
9 (d) An employee of the university who is on paid
10administrative leave pursuant to this Section shall receive
11the employee's regular rate of pay. The use of a paid
12administrative leave day or days by an employee pursuant to
13this Section shall not diminish any other leave or benefits of
14the employee.
15 (e) An employee of the university may not accrue paid
16administrative leave pursuant to this Section.
17 (f) For an employee of the university to be eligible to
18receive paid administrative leave pursuant to this Section,
19the employee must:
20 (1) have received the recommended dose of a COVID-19
21 vaccine approved by the United States Food and Drug
22 Administration; or
23 (2) participate in the COVID-19 testing program
24 provided by the university at least once a week.
25 Section 15. The Southern Illinois University Management

HB2778 Enrolled- 21 -LRB102 14280 CMG 19632 b
1Act is amended by adding Section 105 as follows:
2 (110 ILCS 520/105 new)
3 Sec. 105. COVID-19 paid administrative leave.
4 (a) During any time the Board, the State or any of its
5agencies, or a local public health department has issued
6guidance, mandates, or rules related to COVID-19 that restrict
7an employee of the university for purposes related to COVID-19
8and public health from being on university property, the
9employee of the university shall receive as many days of
10administrative leave as required to abide by such public
11health guidance, mandates, and requirements issued by the
12Department of Public Health, unless a longer period of paid
13administrative leave has been negotiated with the exclusive
14bargaining representative, when the Governor has declared a
15disaster due to a public health emergency pursuant to Section
167 of the Illinois Emergency Management Agency Act.
17 (b) An employee of the university shall receive paid
18administrative leave pursuant to subsection (a), unless a
19longer period of paid administrative leave has been negotiated
20with the exclusive bargaining representative, to care for a
21child of the employee if the child is unable to attend
22elementary or secondary school because the child must be
23isolated or quarantined from others because the child has:
24 (1) a confirmed positive COVID-19 diagnosis via a
25 molecular amplification diagnostic test, such as a

HB2778 Enrolled- 22 -LRB102 14280 CMG 19632 b
1 polymerase chain reaction (PCR) test for COVID-19;
2 (2) a probable COVID-19 diagnosis via an antigen
3 diagnostic test; or
4 (3) been in close contact with a person who has a
5 confirmed case of COVID-19.
6 (c) An employee of the university who is on paid
7administrative leave pursuant to this Section must provide all
8documentation requested by the Board.
9 (d) An employee of the university who is on paid
10administrative leave pursuant to this Section shall receive
11the employee's regular rate of pay. The use of a paid
12administrative leave day or days by an employee pursuant to
13this Section shall not diminish any other leave or benefits of
14the employee.
15 (e) An employee of the university may not accrue paid
16administrative leave pursuant to this Section.
17 (f) For an employee of the university to be eligible to
18receive paid administrative leave pursuant to this Section,
19the employee must:
20 (1) have received the recommended dose of a COVID-19
21 vaccine approved by the United States Food and Drug
22 Administration; or
23 (2) participate in the COVID-19 testing program
24 provided by the university at least once a week.
25 Section 20. The Chicago State University Law is amended by

HB2778 Enrolled- 23 -LRB102 14280 CMG 19632 b
1adding Section 5-215 as follows:
2 (110 ILCS 660/5-215 new)
3 Sec. 5-215. COVID-19 paid administrative leave.
4 (a) During any time the Board, the State or any of its
5agencies, or a local public health department has issued
6guidance, mandates, or rules related to COVID-19 that restrict
7an employee of the university for purposes related to COVID-19
8and public health from being on university property, the
9employee of the university shall receive as many days of
10administrative leave as required to abide by such public
11health guidance, mandates, and requirements issued by the
12Department of Public Health, unless a longer period of paid
13administrative leave has been negotiated with the exclusive
14bargaining representative, when the Governor has declared a
15disaster due to a public health emergency pursuant to Section
167 of the Illinois Emergency Management Agency Act.
17 (b) An employee of the university shall receive paid
18administrative leave pursuant to subsection (a), unless a
19longer period of paid administrative leave has been negotiated
20with the exclusive bargaining representative, to care for a
21child of the employee if the child is unable to attend
22elementary or secondary school because the child must be
23isolated or quarantined from others because the child has:
24 (1) a confirmed positive COVID-19 diagnosis via a
25 molecular amplification diagnostic test, such as a

HB2778 Enrolled- 24 -LRB102 14280 CMG 19632 b
1 polymerase chain reaction (PCR) test for COVID-19;
2 (2) a probable COVID-19 diagnosis via an antigen
3 diagnostic test; or
4 (3) been in close contact with a person who has a
5 confirmed case of COVID-19.
6 (c) An employee of the university who is on paid
7administrative leave pursuant to this Section must provide all
8documentation requested by the Board.
9 (d) An employee of the university who is on paid
10administrative leave pursuant to this Section shall receive
11the employee's regular rate of pay. The use of a paid
12administrative leave day or days by an employee pursuant to
13this Section shall not diminish any other leave or benefits of
14the employee.
15 (e) An employee of the university may not accrue paid
16administrative leave pursuant to this Section.
17 (f) For an employee of the university to be eligible to
18receive paid administrative leave pursuant to this Section,
19the employee must:
20 (1) have received the recommended dose of a COVID-19
21 vaccine approved by the United States Food and Drug
22 Administration; or
23 (2) participate in the COVID-19 testing program
24 provided by the university at least once a week.
25 Section 25. The Eastern Illinois University Law is amended

HB2778 Enrolled- 25 -LRB102 14280 CMG 19632 b
1by adding Section 10-215 as follows:
2 (110 ILCS 665/10-215 new)
3 Sec. 10-215. COVID-19 paid administrative leave.
4 (a) During any time the Board, the State or any of its
5agencies, or a local public health department has issued
6guidance, mandates, or rules related to COVID-19 that restrict
7an employee of the university for purposes related to COVID-19
8and public health from being on university property, the
9employee of the university shall receive as many days of
10administrative leave as required to abide by such public
11health guidance, mandates, and requirements issued by the
12Department of Public Health, unless a longer period of paid
13administrative leave has been negotiated with the exclusive
14bargaining representative, when the Governor has declared a
15disaster due to a public health emergency pursuant to Section
167 of the Illinois Emergency Management Agency Act.
17 (b) An employee of the university shall receive paid
18administrative leave pursuant to subsection (a), unless a
19longer period of paid administrative leave has been negotiated
20with the exclusive bargaining representative, to care for a
21child of the employee if the child is unable to attend
22elementary or secondary school because the child must be
23isolated or quarantined from others because the child has:
24 (1) a confirmed positive COVID-19 diagnosis via a
25 molecular amplification diagnostic test, such as a

HB2778 Enrolled- 26 -LRB102 14280 CMG 19632 b
1 polymerase chain reaction (PCR) test for COVID-19;
2 (2) a probable COVID-19 diagnosis via an antigen
3 diagnostic test; or
4 (3) been in close contact with a person who has a
5 confirmed case of COVID-19.
6 (c) An employee of the university who is on paid
7administrative leave pursuant to this Section must provide all
8documentation requested by the Board.
9 (d) An employee of the university who is on paid
10administrative leave pursuant to this Section shall receive
11the employee's regular rate of pay. The use of a paid
12administrative leave day or days by an employee pursuant to
13this Section shall not diminish any other leave or benefits of
14the employee.
15 (e) An employee of the university may not accrue paid
16administrative leave pursuant to this Section.
17 (f) For an employee of the university to be eligible to
18receive paid administrative leave pursuant to this Section,
19the employee must:
20 (1) have received the recommended dose of a COVID-19
21 vaccine approved by the United States Food and Drug
22 Administration; or
23 (2) participate in the COVID-19 testing program
24 provided by the university at least once a week.
25 Section 30. The Governors State University Law is amended

HB2778 Enrolled- 27 -LRB102 14280 CMG 19632 b
1by adding Section 15-215 as follows:
2 (110 ILCS 670/15-215 new)
3 Sec. 15-215. COVID-19 paid administrative leave.
4 (a) During any time the Board, the State or any of its
5agencies, or a local public health department has issued
6guidance, mandates, or rules related to COVID-19 that restrict
7an employee of the university for purposes related to COVID-19
8and public health from being on university property, the
9employee of the university shall receive as many days of
10administrative leave as required to abide by such public
11health guidance, mandates, and requirements issued by the
12Department of Public Health, unless a longer period of paid
13administrative leave has been negotiated with the exclusive
14bargaining representative, when the Governor has declared a
15disaster due to a public health emergency pursuant to Section
167 of the Illinois Emergency Management Agency Act.
17 (b) An employee of the university shall receive paid
18administrative leave pursuant to subsection (a), unless a
19longer period of paid administrative leave has been negotiated
20with the exclusive bargaining representative, to care for a
21child of the employee if the child is unable to attend
22elementary or secondary school because the child must be
23isolated or quarantined from others because the child has:
24 (1) a confirmed positive COVID-19 diagnosis via a
25 molecular amplification diagnostic test, such as a

HB2778 Enrolled- 28 -LRB102 14280 CMG 19632 b
1 polymerase chain reaction (PCR) test for COVID-19;
2 (2) a probable COVID-19 diagnosis via an antigen
3 diagnostic test; or
4 (3) been in close contact with a person who has a
5 confirmed case of COVID-19.
6 (c) An employee of the university who is on paid
7administrative leave pursuant to this Section must provide all
8documentation requested by the Board.
9 (d) An employee of the university who is on paid
10administrative leave pursuant to this Section shall receive
11the employee's regular rate of pay. The use of a paid
12administrative leave day or days by an employee pursuant to
13this Section shall not diminish any other leave or benefits of
14the employee.
15 (e) An employee of the university may not accrue paid
16administrative leave pursuant to this Section.
17 (f) For an employee of the university to be eligible to
18receive paid administrative leave pursuant to this Section,
19the employee must:
20 (1) have received the recommended dose of a COVID-19
21 vaccine approved by the United States Food and Drug
22 Administration; or
23 (2) participate in the COVID-19 testing program
24 provided by the university at least once a week.
25 Section 35. The Illinois State University Law is amended

HB2778 Enrolled- 29 -LRB102 14280 CMG 19632 b
1by adding Section 20-220 as follows:
2 (110 ILCS 675/20-220 new)
3 Sec. 20-220. COVID-19 paid administrative leave.
4 (a) During any time the Board, the State or any of its
5agencies, or a local public health department has issued
6guidance, mandates, or rules related to COVID-19 that restrict
7an employee of the university for purposes related to COVID-19
8and public health from being on university property, the
9employee of the university shall receive as many days of
10administrative leave as required to abide by such public
11health guidance, mandates, and requirements issued by the
12Department of Public Health, unless a longer period of paid
13administrative leave has been negotiated with the exclusive
14bargaining representative, when the Governor has declared a
15disaster due to a public health emergency pursuant to Section
167 of the Illinois Emergency Management Agency Act.
17 (b) An employee of the university shall receive paid
18administrative leave pursuant to subsection (a), unless a
19longer period of paid administrative leave has been negotiated
20with the exclusive bargaining representative, to care for a
21child of the employee if the child is unable to attend
22elementary or secondary school because the child must be
23isolated or quarantined from others because the child has:
24 (1) a confirmed positive COVID-19 diagnosis via a
25 molecular amplification diagnostic test, such as a

HB2778 Enrolled- 30 -LRB102 14280 CMG 19632 b
1 polymerase chain reaction (PCR) test for COVID-19;
2 (2) a probable COVID-19 diagnosis via an antigen
3 diagnostic test; or
4 (3) been in close contact with a person who has a
5 confirmed case of COVID-19.
6 (c) An employee of the university who is on paid
7administrative leave pursuant to this Section must provide all
8documentation requested by the Board.
9 (d) An employee of the university who is on paid
10administrative leave pursuant to this Section shall receive
11the employee's regular rate of pay. The use of a paid
12administrative leave day or days by an employee pursuant to
13this Section shall not diminish any other leave or benefits of
14the employee.
15 (e) An employee of the university may not accrue paid
16administrative leave pursuant to this Section.
17 (f) For an employee of the university to be eligible to
18receive paid administrative leave pursuant to this Section,
19the employee must:
20 (1) have received the recommended dose of a COVID-19
21 vaccine approved by the United States Food and Drug
22 Administration; or
23 (2) participate in the COVID-19 testing program
24 provided by the university at least once a week.
25 Section 40. The Northeastern Illinois University Law is

HB2778 Enrolled- 31 -LRB102 14280 CMG 19632 b
1amended by adding Section 25-215 as follows:
2 (110 ILCS 680/25-215 new)
3 Sec. 25-215. COVID-19 paid administrative leave.
4 (a) During any time the Board, the State or any of its
5agencies, or a local public health department has issued
6guidance, mandates, or rules related to COVID-19 that restrict
7an employee of the university for purposes related to COVID-19
8and public health from being on university property, the
9employee of the university shall receive as many days of
10administrative leave as required to abide by such public
11health guidance, mandates, and requirements issued by the
12Department of Public Health, unless a longer period of paid
13administrative leave has been negotiated with the exclusive
14bargaining representative, when the Governor has declared a
15disaster due to a public health emergency pursuant to Section
167 of the Illinois Emergency Management Agency Act.
17 (b) An employee of the university shall receive paid
18administrative leave pursuant to subsection (a), unless a
19longer period of paid administrative leave has been negotiated
20with the exclusive bargaining representative, to care for a
21child of the employee if the child is unable to attend
22elementary or secondary school because the child must be
23isolated or quarantined from others because the child has:
24 (1) a confirmed positive COVID-19 diagnosis via a
25 molecular amplification diagnostic test, such as a

HB2778 Enrolled- 32 -LRB102 14280 CMG 19632 b
1 polymerase chain reaction (PCR) test for COVID-19;
2 (2) a probable COVID-19 diagnosis via an antigen
3 diagnostic test; or
4 (3) been in close contact with a person who has a
5 confirmed case of COVID-19.
6 (c) An employee of the university who is on paid
7administrative leave pursuant to this Section must provide all
8documentation requested by the Board.
9 (d) An employee of the university who is on paid
10administrative leave pursuant to this Section shall receive
11the employee's regular rate of pay. The use of a paid
12administrative leave day or days by an employee pursuant to
13this Section shall not diminish any other leave or benefits of
14the employee.
15 (e) An employee of the university may not accrue paid
16administrative leave pursuant to this Section.
17 (f) For an employee of the university to be eligible to
18receive paid administrative leave pursuant to this Section,
19the employee must:
20 (1) have received the recommended dose of a COVID-19
21 vaccine approved by the United States Food and Drug
22 Administration; or
23 (2) participate in the COVID-19 testing program
24 provided by the university at least once a week.
25 Section 45. The Northern Illinois University Law is

HB2778 Enrolled- 33 -LRB102 14280 CMG 19632 b
1amended by adding Section 30-225 as follows:
2 (110 ILCS 685/30-225 new)
3 Sec. 30-225. COVID-19 paid administrative leave.
4 (a) During any time the Board, the State or any of its
5agencies, or a local public health department has issued
6guidance, mandates, or rules related to COVID-19 that restrict
7an employee of the university for purposes related to COVID-19
8and public health from being on university property, the
9employee of the university shall receive as many days of
10administrative leave as required to abide by such public
11health guidance, mandates, and requirements issued by the
12Department of Public Health, unless a longer period of paid
13administrative leave has been negotiated with the exclusive
14bargaining representative, when the Governor has declared a
15disaster due to a public health emergency pursuant to Section
167 of the Illinois Emergency Management Agency Act.
17 (b) An employee of the university shall receive paid
18administrative leave pursuant to subsection (a), unless a
19longer period of paid administrative leave has been negotiated
20with the exclusive bargaining representative, to care for a
21child of the employee if the child is unable to attend
22elementary or secondary school because the child must be
23isolated or quarantined from others because the child has:
24 (1) a confirmed positive COVID-19 diagnosis via a
25 molecular amplification diagnostic test, such as a

HB2778 Enrolled- 34 -LRB102 14280 CMG 19632 b
1 polymerase chain reaction (PCR) test for COVID-19;
2 (2) a probable COVID-19 diagnosis via an antigen
3 diagnostic test; or
4 (3) been in close contact with a person who has a
5 confirmed case of COVID-19.
6 (c) An employee of the university who is on paid
7administrative leave pursuant to this Section must provide all
8documentation requested by the Board.
9 (d) An employee of the university who is on paid
10administrative leave pursuant to this Section shall receive
11the employee's regular rate of pay. The use of a paid
12administrative leave day or days by an employee pursuant to
13this Section shall not diminish any other leave or benefits of
14the employee.
15 (e) An employee of the university may not accrue paid
16administrative leave pursuant to this Section.
17 (f) For an employee of the university to be eligible to
18receive paid administrative leave pursuant to this Section,
19the employee must:
20 (1) have received the recommended dose of a COVID-19
21 vaccine approved by the United States Food and Drug
22 Administration; or
23 (2) participate in the COVID-19 testing program
24 provided by the university at least once a week.
25 Section 50. The Western Illinois University Law is amended

HB2778 Enrolled- 35 -LRB102 14280 CMG 19632 b
1by adding Section 35-220 as follows:
2 (110 ILCS 690/35-220 new)
3 Sec. 35-220. COVID-19 paid administrative leave.
4 (a) During any time the Board, the State or any of its
5agencies, or a local public health department has issued
6guidance, mandates, or rules related to COVID-19 that restrict
7an employee of the university for purposes related to COVID-19
8and public health from being on university property, the
9employee of the university shall receive as many days of
10administrative leave as required to abide by such public
11health guidance, mandates, and requirements issued by the
12Department of Public Health, unless a longer period of paid
13administrative leave has been negotiated with the exclusive
14bargaining representative, when the Governor has declared a
15disaster due to a public health emergency pursuant to Section
167 of the Illinois Emergency Management Agency Act.
17 (b) An employee of the university shall receive paid
18administrative leave pursuant to subsection (a), unless a
19longer period of paid administrative leave has been negotiated
20with the exclusive bargaining representative, to care for a
21child of the employee if the child is unable to attend
22elementary or secondary school because the child must be
23isolated or quarantined from others because the child has:
24 (1) a confirmed positive COVID-19 diagnosis via a
25 molecular amplification diagnostic test, such as a

HB2778 Enrolled- 36 -LRB102 14280 CMG 19632 b
1 polymerase chain reaction (PCR) test for COVID-19;
2 (2) a probable COVID-19 diagnosis via an antigen
3 diagnostic test; or
4 (3) been in close contact with a person who has a
5 confirmed case of COVID-19.
6 (c) An employee of the university who is on paid
7administrative leave pursuant to this Section must provide all
8documentation requested by the Board.
9 (d) An employee of the university who is on paid
10administrative leave pursuant to this Section shall receive
11the employee's regular rate of pay. The use of a paid
12administrative leave day or days by an employee pursuant to
13this Section shall not diminish any other leave or benefits of
14the employee.
15 (e) An employee of the university may not accrue paid
16administrative leave pursuant to this Section.
17 (f) For an employee of the university to be eligible to
18receive paid administrative leave pursuant to this Section,
19the employee must:
20 (1) have received the recommended dose of a COVID-19
21 vaccine approved by the United States Food and Drug
22 Administration; or
23 (2) participate in the COVID-19 testing program
24 provided by the university at least once a week.
25 Section 55. The Public Community College Act is amended by

HB2778 Enrolled- 37 -LRB102 14280 CMG 19632 b
1adding Section 3-29.15 as follows:
2 (110 ILCS 805/3-29.15 new)
3 Sec. 3-29.15. COVID-19 paid administrative leave.
4 (a) During any time the board, the State or any of its
5agencies, or a local public health department has issued
6guidance, mandates, or rules related to COVID-19 that restrict
7an employee of the community college district for purposes
8related to COVID-19 and public health from being on district
9property, the employee of the district shall receive as many
10days of administrative leave as required to abide by such
11public health guidance, mandates, and requirements issued by
12the Department of Public Health, unless a longer period of
13paid administrative leave has been negotiated with the
14exclusive bargaining representative, when the Governor has
15declared a disaster due to a public health emergency pursuant
16to Section 7 of the Illinois Emergency Management Agency Act.
17 (b) An employee of the community college district shall
18receive paid administrative leave pursuant to subsection (a),
19unless a longer period of paid administrative leave has been
20negotiated with the exclusive bargaining representative, to
21care for a child of the employee if the child is unable to
22attend elementary or secondary school because the child must
23be isolated or quarantined from others because the child has:
24 (1) a confirmed positive COVID-19 diagnosis via a
25 molecular amplification diagnostic test, such as a

HB2778 Enrolled- 38 -LRB102 14280 CMG 19632 b
1 polymerase chain reaction (PCR) test for COVID-19;
2 (2) a probable COVID-19 diagnosis via an antigen
3 diagnostic test; or
4 (3) been in close contact with a person who has a
5 confirmed case of COVID-19.
6 (c) An employee of the community college district who is
7on paid administrative leave pursuant to this Section must
8provide all documentation requested by the board.
9 (d) An employee of the community college district who is
10on paid administrative leave pursuant to this Section shall
11receive the employee's regular rate of pay. The use of a paid
12administrative leave day or days by an employee pursuant to
13this Section shall not diminish any other leave or benefits of
14the employee.
15 (e) An employee of the community college district may not
16accrue paid administrative leave pursuant to this Section.
17 (f) For an employee of the community college district to
18be eligible to receive paid administrative leave pursuant to
19this Section, the employee must:
20 (1) have received the recommended dose of a COVID-19
21 vaccine approved by the United States Food and Drug
22 Administration; or
23 (2) participate in the COVID-19 testing program
24 provided by the community college district at least once a
25 week.

HB2778 Enrolled- 39 -LRB102 14280 CMG 19632 b
1 Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
8 Section 99. Effective date. This Act takes effect upon
9becoming law.
feedback