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 such a period, the teacher must use accumulated sick leave benefits. 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 Board’s intent is that in no case will the teacher, who is temporarily disabled, receive more than 100 percent of the teacher’s 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 illness, incapacity, or any other condition causes a teacher to be absent in one school year, after exhaustion of all available leave, for more than 90 consecutive work days, such absence may be considered a permanent disability and the Board may begin dismissal proceedings subject to state and federal law, including the Americans with Disabilities Act. The Superintendent may recommend this paragraph’s use when circumstances strongly suggest that the teacher or other licensed 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 an teacher that is authorized by state and federal law.
Any teacher 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
Revised: November 13, 2023; September 23, 2024
Legal Reference:
42 U.S.C. §12101 et seq., Americans with Disabilities Act.
105 ILCS 5/10-22.4, 5/24-12, and 5/24-13.
Elder v. School Dist. No.127 1/2, 60 Ill.App.2d 56 (1st Dist. 1965).
School District No. 151 v. ISBE, 154 Ill.App.3d 375 (1st Dist. 1987).