Leaves of Absence
Sick and Bereavement Leave
As a condition for paying sick leave after 3 days absence for personal illness or 30 days for birth or as the Board or Superintendent deem necessary in other cases, the Board or Superintendent may require that the staff member provide a certificate from; (1), ) a physician licensed in Illinois to practice medicine and surgery in all its branches, (2) a chiropractic physician licensed under the Medical Practice Act, (3) an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, (4) a physician assistant who has been delegated the authority to perform health examinations by his or her supervising physician, or (5) if the treatment is by prayer or spiritual means, a spiritual adviser or practitioner of the employee’s faith. If the Board or Superintendent requires a certificate during a leave of less than 3 days for personal illness, the District shall pay the expenses incurred by the employee. Sick leave is defined in State law as personal illness, quarantine at home, serious illness or death in the immediate family or household, or birth, adoption, or placement for adoption.
Sabbatical leave may be granted in accordance with The School Code.
Leave of Absence Without Pay
The School Board may grant a leave of absence without pay to tenured professional staff members who have rendered satisfactory service and desire to return to employment in a similar capacity at a time determined by the School Board.
Each leave of absence shall be of the shortest possible duration required to meet the leave's purpose consistent with a reasonable continuity of instruction for students.
Leaves for Service in the Military
Leaves for service in the U.S. Armed Services or any of its reserve components and the National Guard, as well as re-employment rights, will be granted in accordance with State and federal law. A professional staff member hired to replace one in military service does not acquire tenure.
Leaves for service in the General Assembly, as well as re-employment rights, will be granted in accordance with State and federal law. A professional staff member hired to replace one in military service or in the General Assembly does not acquire tenure.
Leave for Employment in Department of Defense
The School Board may grant teachers a leave of absence to accept employment in a Department of Defense overseas school.
School Visitation Leave
Any professional staff member may take an unpaid leave from work who: (1) is a victim of domestic or sexual violence, or (2) has a family, or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee as it relates to the domestic or sexual violence. The unpaid leave allows the employee to seek medical help, legal assistance, counseling, safety planning, and other assistance without suffering adverse employment action. The Victims’ Economic Security and Safety Act, governs the purpose, requirements, scheduling, and continuity of benefits, and all other terms of the leave. Accordingly, an employee is entitled to a total of 12 work weeks of leave during any 12-month period. Neither the law nor this policy creates a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. § 2601, et seq.)
An eligible professional staff member is entitled to 8 hours during any school year, no more than 4 hours of which may be taken on any given day, to attend school conferences or classroom activities related to the teacher's child, if the conference or activity cannot be scheduled during non-work hours. Professional staff members must first use all accrued vacation leave, personal leave, compensatory leave, and any other leave that may be granted to the professional staff member, except sick and disability leave.
The Superintendent shall develop administrative procedures implementing this policy consistent with the School Visitation Rights Act.
Leaves for Victims of Domestic or Sexual Violence
Upon request, the School Board will grant: (1) an unpaid leave of absence to a teacher who is elected to serve as an officer of a State or national teacher organization that represents teachers in collective bargaining negotiations, (2) twenty days of paid leave of absence per year to a trustee of the Teachers' Retirement System to attend meetings and seminars as required by 105 ILCS 5/24-6.3, and (3) a paid leave of absence for the local association president of a State teacher association that is an exclusive bargaining agent in the District, or his or her designee, to attend meetings, workshops, or seminars as required by 105 ILCS 5/24-6.2.
LEGAL REF.: 20 ILCS 1805/30.1 et seq.105 ILCS 5/24-6, 5/24-6.1, 5/24-6.2, 5/24-6.3, 5/24-13, and 5/24-13.1.820 ILCS 147/1 et seq.820 ILCS 147/15.Victims’ Economic Security and Safety Act, P.A. 93-591.
CROSS REF.: 5:180 (Temporary Illness or Temporary Incapacity), 5:185 (Family and Medical Leave), 5:330 (Sick Days, Vacation, Holidays, and Leaves)
LEGAL REF.: 105 ILCS 5/24-12.
Auer v. Robbins, 117 S.Ct. 905 (1997); 29 C.F.R. § 541.3.
Cleveland Board of Education v. Loudermill, 105 S.Ct. 1487, on remand 763 F.2d 202 (6th Cir. 1985), on remand 651 F.Supp.92 (N.D. Ohio 1986), aff’d by 844 F.2d 304 (6th Cir. 1988), cert. denied 488 U.S. 946 (1988).
Jones v. Board of Education of Township High School District No. 211, 651 F. Supp. 760 (N.D. Ill. 1986).
Barszcz v. Board of Trustees of Community College District No. 504, Cook County, 400 F.Supp. 675 (N.D. Ill. 1975), aff’d by 539 F.2d 715 (7th Cir. 1976), cert. dismissed by 429 U.S. 1080 (1977).
Spinelli v. Immanuel Lutheran Evangelical Congregation, Inc., 515 N.E.2d 1222 (1987).
Kamrath v. Board of Education of School District 150, 515 N.E.2d 1222 (1987).
Massie v. East St. Louis School District No. 189, 561 N.E.2d 246 (5th Dist. 1990).
Kearns v. Board of Education of North Palos Elementary School District No. 117, 392 N.E.2d 148 (1st Dist. 1979).
Reviewed: May 17, 2004, August 2, 2010
Adopted: August 23, 2004
Revision Adopted: April 18, 2005, February 11, 2008, February 01, 2010