5:180 - Temporary Illness or Temporary Incapacity

Policy 5:180
Personnel

Temporary Illness or Temporary Incapacity

A temporary illness or temporary incapacity is an illness or other capacity of ill-being that renders a teacher (i.e., an employee in a position requiring a professional educator license) temporarily physically or mentally unable to perform assigned duties. During a period of such temporary illness or incapacity, the teacher automatically will be placed on a leave of absence for up to the period of time set forth below. This leave will run concurrently with any other available leaves.

During such a leave, the teacher must use accumulated paid leave benefits. Once paid leave benefits have been exhausted, the remainder of the temporary illness/incapacity leave period, if any, will be unpaid. The teacher’s right to fringe benefits, including health insurance coverage and seniority credit, during such a leave is governed by the general conditions applicable to all leaves of absence in the District, including the provisions of the District’s policy on FMLA leave, if applicable. However, income received from other sources (worker’s compensation, District- paid insurance programs, etc.) will be deducted from the District’s compensation liability to the teacher. The School Board’s intent is that in no case will a teacher who is temporarily ill or incapacitated receive more than 100% of his or her gross salary. Those insurance plans privately purchased by the teacher and to which the District does not contribute are not applicable to this policy.

If (a) the teacher receives medical certification that the teacher is permanently disabled, or (b) illness, incapacity, or any other condition causes a teacher to be absent for more than 90 consecutive work days, and the teacher has exhausted all available leave to which the teacher is entitled, such absence may be considered a permanent illness or incapacity. In that case, the Board may begin dismissal proceedings subject to state and federal law, including the Americans with Disabilities Act. Time periods under this policy are computed anew at the start of each new school year. However, if a teacher remains ill or incapacitated at the start of a new school year from the same or a related condition that caused the teacher to be absent the previous school year, then the time period will not be computed anew but will be continued from the previous school year. The Superintendent may recommend this paragraph’s use when circumstances strongly suggest that the teacher returned to work intermittently in order to avoid this paragraph’s application. This paragraph shall not be considered a limitation on the Board’s authority to take any action concerning a teacher that is authorized by State and federal law.

Nothing in this policy is intended to prevent the Board, upon the recommendation of the Superintendent, from dismissing a teacher at the end of any year of probationary service for the specific reason of inability to evaluate and observe that teacher’s performance because of excessive absences for whatever reason, including temporary illness or incapacity. Nothing in this policy is intended to prevent the Board, upon recommendation of the Superintendent, from dismissing a teacher for cause or pursuant to a reduction in force.

Any employee may be required to have an examination, at the District’s expense, by a physician who is licensed in Illinois to practice medicine and surgery in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant if the examination is job- related and consistent with business necessity.

Adopted: December 16, 2019

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