Another bill to watch - HB2778, COVID Leave Bill
We are keeping an eye on a bill that has passed both houses, but that has not been signed. HB2778 makes several changes, but it is controversial:
- Provides for the restoration of any sick leave utilized by an employee "for reasons related to guidance, mandates, or rules issued by the school district, the State or any of its agencies, or a local public health department related to COVID-19 and public health" during the 2021-2022 school year;
- Provides that schools must provide for administrative leave for anyone who is required, due to "the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19" from being at work or on the property of the school.
- Provides that schools must provide for administrative leave for care for a child who is unable to attend elementary or secondary school because the child has:
- (1) a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;
- (2) a probable COVID-19 diagnosis via an antigen diagnostic test;
- (3) been in close contact with a person who has a
- To be eligible for administrative leave, the employee must "(1) have received the recommended dose of a COVID-19 vaccine approved by the United States Food and Drug Administration; or (2) participate in the COVID-19 testing program provided by the school district at least once a week."
We await further word from the Illinois Teachers' Retirement System and the Illinois Municipal Retirement Fund to assess the impact on service credit and retirement, though TRS's rules generally treat absences from duty with pay and without loss of benefit leaves as creditable and exempt from sick leave deduction. 80 Ill. Adm. Code 1650.320(f)(6). The Act is immediately effective, passing with a vote of 92-23-0.
The law also creates a new requirement for regular pay and benefits for educational support personnel (ESPs) and contractors during any "school closure or e-learning day if any closure precludes them from performing their regularly scheduled duties and employees would have reported for work but for the closure." 105 ILCS 5/10-20.56(d-10), (d-15). Despite placement within the e-learning statute, the language of the change is significantly broader, applying to school closures, generally.
We do not know whether the Governor will sign the bill, veto the bill, or take other action which might affect its outcome - for now, we do not recommend taking any action. Wait and see what happens.