Paid Time Off

That the Chicago Board of Education (”Board”) amend Board Report 21-0428-PO2 Paid Time Off Policy. The amendments to the policy include new eligibility to accrue paid sick days for miscellaneous/part-time seasonal employees. The policy was posted for public comment from February 17, 2023 to March 17, 2023.

PURPOSE: This policy provides for the accrual, accumulation, and use of paid vacation days, sick days, personal business days, and Short-Term Disability benefits by eligible employees in alignment with existing programs and practices, Board Rules, and state law.

POLICY TEXT

This policy applies to CPS employees in a job category listed by the Chief Executive Officer (“CEO”) or designee as benefits eligible, including those employees who are subject to a Collective Bargaining Agreement (“CBA”) to the extent this policy does not conflict with the terms of the applicable CBA. This policy does not apply to employees in a job category listed by the CEO or designee as not benefits-eligible which includes, but is not limited to, part-time, substitute, or retiree job categories.

I. Sick Days

Employees are granted sick days for use during the employee’s personal illness or illness in the immediate family or household. For purposes of this policy, (i) "illness" means illness, injury, or medical appointment (including appointments for medical procedures, dental and mental health services, and other physical and mental health therapy appointments), and (ii) “immediate family or household” means the employee’s parent, stepparent, grandparent, child, stepchild, foster child, grandchild, brother, sister, spouse, domestic partner or party to a civil union as defined in Board Rule 4-17, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in- law, nephew, niece, uncle, aunt, and cousin.

Sick days may also be used in accordance with terms of the Board’s Bereavement Leave (Board Rule 4-14).

• Sick Day Bank Sick days are granted to an employee that is actively reporting to work at a rate of one day per scheduled full month worked and are maintained in the employee’s Sick Day Bank. Teachers who are at the maximum step of the salary schedule and have at least thirteen (13) years of full-time teaching experience receive one (1) additional sick day per year. Teachers who are at Step 13 on the salary schedule and have at least eighteen (18) years of full-time teaching experience receive two (2) additional sick days per year. For new employees hired after the start of the fiscal year, a prorated number of sick days will be maintained in their Sick Day Bank, following a 60 calendar day waiting period that begins on the date of hire. If an employee is on leave at the beginning of their scheduled work year, the sick days will be granted upon their return to work at a prorated rate. Days granted at the beginning of the fiscal year may not be used unless the employee is actively reporting to work. Special Note: In the event that an employee transfers from a unionized position to a non-union, 52- week position, the sick time earned while in their unionized position will be maintained in a separate Sick Day Bank. This sick time may be available for use while on an approved Leave of Absence in the event that the employee exhausts their allotted central office/non-union sick days. They may use the accrued sick time upon their return to an equivalent unionized position, assuming that position accrues or is granted sick time at a rate other than 12 days per fiscal year. Non-union seasonal/miscellaneous/hourly employees shall accrue sick leave in the amount of one hour for every forty hours worked (up to 40 hours in a 12-month period). Employees hired after the start of the fiscal year will receive a grant of 40 hours of sick leave maintained in their Sick Day Bank, following a 60 calendar day waiting period that begins on the date of hire. Sick days that an employee does not use on or before June 30th of the fiscal year in which the sick days were earned will be removed from the Sick Day Bank and forfeited. Any days in the Sick Day Bank that an employee does not use on or before the date their employment ends will be forfeited. Nothing in this section prohibits the Chief Talent Officer, as the CEO’s designee, from authorizing additional paid time-off when appropriate in extraordinary cases where an employee’s continued illness extends beyond the amount of their available paid time off.
• Grandfathered Sick Day Bank For employees hired before July 1, 2012, with an existing bank of accumulated unused sick days as of June 30, 2012, such sick days were retained in a Grandfathered Sick Day Bank for use by the employee. Upon resignation or retirement, unused days remaining in the employee’s Grandfathered Sick Day Bank are subject to the payout provisions set out in Section I.H. of this Policy. Employees with a Grandfathered Sick Day Bank who are laid off or who resign and return to service within one year of separation will have a restoration of their unpaid accumulated sick days in their Grandfathered Sick Day Bank at time of separation.
• Transfer of Sick Days Earned at Other Agencies For new employees, the CEO or designee will not accept the transfer of accumulated sick days earned as a full-time employee of the City of Chicago, Chicago Housing Authority, Chicago Park District, County of Cook, Cook County Forest Preserve District, Metropolitan Water Reclamation District of Greater Chicago, School Finance Authority, City Colleges of Chicago or the State of Illinois (“other agency”). For employees with an authorized transfer of other agency sick days occurring prior to July 1, 2012, such days are maintained in an Other Agency Sick Bank for use by the employee. Upon resignation or retirement, unused days remaining in the employee’s Other Agency Day Bank are forfeited and are not subject to payout.
• Sick Pay Employees who use their sick days (whether Sick Days, Grandfathered Sick Days or Other Agency Sick Days) will be paid their regular daily rate of pay for the sick day at the time the sick day is taken. Teachers on extended programs, including 8-hour day positions and regularly scheduled classes authorized on an overtime basis (but not including classes established after regular school hours to supplement the regular program, such as after-school classes in reading and arithmetic, driver training programs, evening school programs and social center programs), will be entitled to extended-day pay when absent if entitled to sick pay for the normal school day under the provisions of this policy.
• Physician’s Certificate Any employee who is absent for more than three (3) consecutive work days must provide a certificate of treatment from a physician, or if the treatment is by prayer or spiritual means, from the advisor or practitioner of such employee’s faith as condition of their return to work. If a supervisor has a reasonable suspicion that an employee is abusing sick days, they may demand that the employee provide a certificate that the employee has received treatment from a physician, advisor or practitioner regardless of the number of days of absence.
• Returnees from Military Leave Employees who return from military leaves within sixty (60) days after they are honorably discharged will receive credit for the purpose of sick day allotment for the period of their military leave, as if they had been continuously in the service of the Board.
• Failure of Notice of Return to Service When a teacher, or other employee category where a substitute is assigned, reports for duty after a temporary absence without giving notice to the school by 2:00 p.m. the day prior to their return to duty and a substitute has been sent to the school, the amount paid to the substitute for one-half (½) day service will be deducted from the salary of the teacher.
• Payout of Grandfathered Sick Day Bank Upon Qualifying Event The CEO or designee will pay an eligible employee all or part of their Grandfathered Sick Day Bank as set out below.

II. Short Term Disability Benefits

In the event an employee is unable to work due to the employee’s non-occupational injury, sickness or pregnancy the employee may apply for a Short- Term Disability (“STD”) benefit. Under the STD plan, an employee may continue to receive a full or partial salary for up to 90 calendar days in a rolling 12-month period. An employee’s eligibility for STD benefits is subject to the applicable conditions and prerequisites specified in the STD plan issued by the CEO or designee including those related to the use of sick days, filings under the Family and Medical Leave Act, physician documentation and coverage exclusions. For new employees, STD eligibility begins on the first calendar day of the month following a 60 calendar day waiting period that begins on the date of hire.

III. Personal Business Days

Employees are granted an allotment of three (3) personal business days (“Personal Day(s)”) annually during the first payroll period of the fiscal year in July. New employees are granted three (3) Personal Business Days prorated according to their date of hire as follows: those beginning employment between July 1 and September 30, three (3) days; those beginning employment between October 1 and March 31, two (2) days; those beginning employment between April 1 and May 31, one (1) day; and, those beginning employment between June 1 and June 30, zero (0) days. New employees will receive their allotment of Personal Business Days following a 60 calendar day waiting period that begins on the date of hire. Employees forfeit the Personal Business Days that are not used within the same fiscal year the Personal Business Days are granted.

IV. Vacations Days

• Accrual of Vacation Days
• Teachers and Employees Employed For Less Than 52-weeks Teachers and employees employed for less than 52-weeks, including appointed and temporarily assigned teachers, receive up to ten (10) days of paid vacation per year, five during the Winter Recess and five during the Spring Recess as designated in the Academic Calendar. A new teacher or employee in a position with an employment period of less than 52-weeks per year, less than 12 calendar months per year or less than 13 school months per year, is eligible for three (3) paid vacation days for Winter Recess based on formulas in applicable collective bargaining agreements. Vacation days under this section must be used and do not accumulate.
• Educational Support Personnel and Officers Effective January 4, 2021, educational support personnel and certificated administrators accrue vacation days each pay period at the accrual rate provided below unless the employee has reached their maximum accrual amount. Effective January 4, 2021, the General Counsel, the Board Secretary, Executive Officers, and Officers accrue vacation days each pay period at the accrual rate provided below unless the employee has reached their maximum accrual amount.

1. Military Service Employees who have returned from military service and who resume work with the Chicago Public Schools within sixty (60) days after a discharge other than dishonorable are considered as having been continuously in the service of the Chicago Public Schools during the period of such leave. The employee will not earn vacation days during the period of the employee’s military leave of absence.
2. Outside Public Agency Service Effective July 1, 2012, service credit adjustments shall not be made for new employees who were previously employed by the City of Chicago, Chicago Housing Authority, Chicago Park District, County of Cook, Forest Preserve District, Metropolitan Pier and Expositions Authority, Metropolitan Water Reclamation District of Greater Chicago, School Finance Authority, Chicago Transit Authority, City Colleges of Chicago or the State of Illinois. Any service credit adjustment for prior employment with the above-noted agencies authorized for an employee prior to July 1, 2012 in accordance with the rules and policies then in effect will be maintained until the employee separates from employment. Employees with previously-approved service credit adjustments who are laid off or who resign and return to service within one year of separation will have a restoration of their prior service credit adjustment.
3. Prior Board Service Employees who are laid off or who resign and return to Board employment within one year of separation will have a restoration of their prior Board years of service for vacation accrual purposes.

Pursuant to Board Rule 2-6 this Policy was subject to Public Comment from 2/17/23 – 3/17/23.
Pursuant to Board Rule 2-6 this Policy was subject to Public Comment from 2/22/21 – 3/23/21.