On Tuesday, April 5, Illinois Governor J.B. Pritzker signed into law HB 1167, now Public Act 102-0697, which creates a framework for fully vaccinated employees of public school districts, public universities, and public community colleges to receive paid administrative leave for COVID-19 related absences from work. This bill was the result of an earlier effort to provide all employees of public school districts, public universities, and public community colleges with paid administrative leave that was vetoed by Governor Pritzker in January 2022. The new bill applies exclusively to fully vaccinated employees of public school districts, public universities, and public community colleges in Illinois. The Act creates a new Section 10-20.83 under the School Code that defines ‘fully vaccinated against COVID-19’ to mean “2 weeks after receiving the second dose in a 2-dose series of a COVID-19 vaccine authorized for emergency use, licensed, or otherwise approved by the United States Food and Drug Administration; or… 2 weeks after receiving a single dose of a COVID-19 vaccine authorized for emergency use, licensed, or otherwise approved by the United States Food and Drug Administration.” The statutory definition of ‘fully vaccinated against COVID-19’ “also includes any recommended booster doses for which the individual is eligible upon the adoption by the Department of Public Health of any changes made by the [CDC]… to the definition of ‘fully vaccinated against COVID-19[.]’” Under the Public Act 102-0697, fully vaccinated school employees may qualify for paid leave and restoration of sick days taken due to COVID-19 related absences during the 2021-22 school year.

In order to be eligible for paid administrative leave, the following conditions must be met: (1) the employee must be fully vaccinated or have received the required doses to become fully vaccinated within five weeks of the effective date of this Public Act, April, 5, 2022, (2) the employee (or their child) must be required to be excluded from school because of a positive COVID-19 test result or close contact with a person who had a confirmed case of COVID-19, and (3) the employee must be / have been excluded from school district property due to COVID-19 symptoms as required by the policy of the school or the school district. 

In order for an employee to be eligible for restoration of sick leave, the following conditions must be met: (1) the employee must be fully vaccinated or have received the required doses to become fully vaccinated within five weeks of the effective date of this Public Act, April, 5, 2022, (2) the employee must have previously used sick time because they (or their child) were required to be excluded from school because of a positive COVID-19 test result of close contact with a person who had a confirmed case of COVID-19, and (3) the employee must be / have been excluded from school district property due to COVID-19 symptoms as required by the policy of the school or the school district. The restoration of sick leave applies to the 2021-22 school year.

Additionally, Public Act 102-0697 has a provision amending the School Code so that school districts shall pay educational support employees or contractors their daily, regular rate of pay and benefits for any school closure or e-learning day. This Public Act states that “educational support employees or contractors” covers those “employees who provide educational support services to the district, including, but not limited to, custodial employees, building maintenance employees, transportation employees, food service providers, classroom assistants, or administrative staff[.]” However, this provision does not apply if the day is rescheduled and the employee will be paid their daily, regular rate of pay and benefits for the rescheduled day when services are rendered.

Public Act 102-0697 is effective as of April 5, 2022.

The full text of Public Act 102-0697 is available at the following link: https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=102-0697.

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