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HB5240 Engrossed |
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LRB095 17198 NHT 45550 b |
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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 |
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| 24-6 as follows:
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| (105 ILCS 5/24-6) (from Ch. 122, par. 24-6)
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| Sec. 24-6. Sick leave. The school boards of all school |
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| districts, including special charter
districts, but not |
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| including school districts in municipalities of 500,000
or |
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| more, shall grant their full-time teachers, and also shall |
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| grant
such of their other employees as are eligible to |
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| participate in the
Illinois Municipal Retirement Fund under the |
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| "600-Hour Standard"
established, or under such other |
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| eligibility participation standard as may
from time to time be |
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| established, by rules and regulations now or hereafter
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| promulgated by the Board of that Fund under Section 7-198 of |
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| the Illinois
Pension Code, as now or hereafter amended, sick |
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| leave
provisions not less in amount than 10 days at full pay in |
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| each school year.
If any such teacher or employee does not use |
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| the full amount of annual leave
thus allowed, the unused amount |
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| shall be allowed to accumulate to a minimum
available leave of |
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| 180 days at full pay, including the leave of the current
year. |
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| Sick leave shall be interpreted to mean personal illness, |
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HB5240 Engrossed |
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LRB095 17198 NHT 45550 b |
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| quarantine
at home, serious illness or death in the immediate |
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| family or household, or
birth, adoption, or placement for |
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| adoption.
The school board may require a certificate from a |
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| physician licensed in Illinois to practice medicine and surgery |
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| in all its branches, an advanced practice nurse who has a |
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| written collaborative agreement with a collaborating physician |
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| that authorizes the advanced practice nurse to perform health |
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| examinations, or a physician assistant who has been delegated |
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| the authority to perform health examinations by his or her |
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| supervising physician, or , if the treatment
is by prayer or |
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| spiritual means, that of a spiritual adviser or
practitioner of |
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| the teacher's or employee's such person's faith , as a basis for |
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| pay during leave after
an absence of 3 days for personal |
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| illness or 30 days for birth , or as the school board it may |
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| deem necessary in
other cases. If the school board does require |
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| a
certificate
as a basis for pay during leave of
less than 3 |
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| days for personal illness , the school board shall pay, from |
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| school funds, the
expenses incurred by the teachers or other |
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| employees in obtaining the certificate. For paid leave for |
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| adoption or placement for adoption, the school board may |
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| require that the teacher or other employee provide evidence |
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| that the formal adoption process is underway, and such leave is |
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| limited to 30 days unless a longer leave has been negotiated |
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| with the exclusive bargaining representative. Notwithstanding |
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| any other rulemaking authority that may exist, neither the |
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| Governor nor any agency or agency head under the jurisdiction |
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HB5240 Engrossed |
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LRB095 17198 NHT 45550 b |
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| of the Governor has any authority to make or promulgate rules |
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| to implement or enforce the provisions of this amendatory Act |
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| of the 95th General Assembly. If, however, the Governor |
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| believes that rules are necessary to implement or enforce the |
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| provisions of this amendatory Act of the 95th General Assembly, |
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| the Governor may suggest rules to the General Assembly by |
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| filing them with the Clerk of the House and the Secretary of |
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| the Senate and by requesting that the General Assembly |
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| authorize such rulemaking by law, enact those suggested rules |
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| into law, or take any other appropriate action in the General |
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| Assembly's discretion. Nothing contained in this amendatory |
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| Act of the 95th General Assembly shall be interpreted to grant |
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| rulemaking authority under any other Illinois statute where |
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| such authority is not otherwise explicitly given. For the |
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| purposes of this amendatory Act of the 95th General Assembly, |
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| "rules" is given the meaning contained in Section 1-70 of the |
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| Illinois Administrative Procedure Act, and "agency" and |
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| "agency head" are given the meanings contained in Sections 1-20 |
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| and 1-25 of the Illinois Administrative Procedure Act to the |
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| extent that such definitions apply to agencies or agency heads |
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| under the jurisdiction of the Governor.
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| If, by reason of any change in the boundaries of school |
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| districts, or by
reason of the creation of a new school |
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| district, the employment of a
teacher is transferred to a new |
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| or different board, the accumulated sick
leave of such teacher |
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| is not thereby lost, but is transferred to such new
or |
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HB5240 Engrossed |
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LRB095 17198 NHT 45550 b |
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| different district.
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| For purposes of this Section, "immediate family" shall |
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| include parents,
spouse, brothers, sisters, children, |
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| grandparents, grandchildren,
parents-in-law, brothers-in-law, |
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| sisters-in-law, and legal guardians.
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| (Source: P.A. 94-350, eff. 7-28-05; 95-151, eff. 8-14-07.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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