Illinois General Assembly - Full Text of HB0816
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Full Text of HB0816  102nd General Assembly


Sen. Sara Feigenholtz

Filed: 5/6/2021





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2    AMENDMENT NO. ______. Amend House Bill 816 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
524-6 as follows:
6    (105 ILCS 5/24-6)
7    Sec. 24-6. Sick leave. The school boards of all school
8districts, including special charter districts, but not
9including school districts in municipalities of 500,000 or
10more, shall grant their full-time teachers, and also shall
11grant such of their other employees as are eligible to
12participate in the Illinois Municipal Retirement Fund under
13the "600-Hour Standard" established, or under such other
14eligibility participation standard as may from time to time be
15established, by rules and regulations now or hereafter
16promulgated by the Board of that Fund under Section 7-198 of



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



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



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1child in need of foster care need not be used consecutively
2once the formal adoption process or the formal foster care
3process is underway, and such sick leave may be used for
4reasons related to the formal adoption process or the formal
5foster care process prior to taking custody of the child or
6accepting the child in need of foster care, in addition to
7using such sick leave upon taking custody of the child or
8accepting the child in need of foster care.
9    If, by reason of any change in the boundaries of school
10districts, or by reason of the creation of a new school
11district, the employment of a teacher is transferred to a new
12or different board, the accumulated sick leave of such teacher
13is not thereby lost, but is transferred to such new or
14different district.
15    For purposes of this Section, "immediate family" shall
16include parents, spouse, brothers, sisters, children,
17grandparents, grandchildren, parents-in-law, brothers-in-law,
18sisters-in-law, and legal guardians.
19(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".