Similarly, the employer must retroactively provide paid administrative leave days to an eligible employee who missed work to care for a child who was not able to attend elementary or secondary school because the child:Įducational employers should make arrangements to provide eligible employees with retroactive paid administrative leave on or before May 10, 2022. To be eligible for paid administrative leave days, an employee must have been employed on or after Apand must meet one of the criteria to satisfy the definition of “fully vaccinated against COVID-19.” In addition, educational employers must understand their obligations for providing administrative leave days both retroactively and going forward.Įducational employers must retroactively provide paid administrative leave days to an eligible employee who missed work because he or she: HB 1167 also requires educational employers to provide paid administrative leave days to eligible employees. The employee has received his or her single dose COVID-19 vaccine (e.g., Johnson & Johnson).Ĭonsequently, an employee who meets one of these criteria, but who was not vaccinated earlier this school year when he or she used sick days for reasons related to COVID-19, would still be entitled to the return of those sick days.Īdditionally, please note that educational employers should make arrangements for the return of sick days to eligible employees on or before May 10, 2022.The employee has received his or her second dose in a 2-dose COVID-19 vaccine (e.g., Pfizer or Moderna) or.To meet this definition, an employee must meet one of the following criteria on or before : Similarly, only employees who were employed on or after Apand who meet HB 1167’s definition of “fully vaccinated against COVID-19” are eligible for the return of sick days. Importantly, the return of sick days only applies to sick days that were taken during the 2021-2022 school year for one of the above-listed reasons. The sick leave was taken to care for the employee’s child who was not able to attend elementary or secondary school because the child:.Was required to be excluded from school because he or she had COVID-19 symptoms.Was required to be excluded from school as a close contact to a confirmed COVID-19 case or. Had a probable COVID-19 diagnosis via an antigen diagnostic test (i.e., positive rapid test).Tested positive for COVID-19 with a PCR or equivalent test.The sick leave was taken because the employee was restricted from being on school district property because the teacher or employee:.HB 1167 requires educational employers to return sick days that were used by “fully vaccinated” employees during the 2021-2022 school year for the following reasons: As described in further detail below, this law imposes obligations on educational employers which must be addressed over the next several weeks. Among other things, this law requires school districts, joint agreements, and charter schools to provide administrative leave days and return previously used sick days to vaccinated employees who previously missed, or will miss, work as a result of COVID-19. Last week, Governor Pritzker signed House Bill 1167 into law.
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