Paid Time Off

THE CHIEF EXECUTIVE OFFICER RECOMMENDS

That the Chicago Board of Education (”Board”) amend Board Report 24-0926-PO3, Paid Time Off Policy. The amendments to the policy include new eligibility to carryover a maximum amount of unused sick leave hours for non-union employees.

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.

I. Sick Days

An employee may use Sick Leave when:

• Employee is ill or injured, or for the purpose of receiving professional care, including preventive care, diagnosis, or treatment, for medical, mental, or behavioral issues, including substance use disorders;
• An employee’s family household member is ill, injured, or ordered to quarantine, or to care for a family member receiving professional care, including preventive care, diagnosis, or treatment, for medical, mental, or behavioral issues, including substance use disorders;
• An employee, or an employee’s family household member, is the victim of domestic violence, or a sex offense, or trafficking, or a victim of a violent crime;
• Employee’s place of business is closed by order of a public official due to a public health emergency, or the employee needs to care for a family household member whose school, class, or place of care has been closed;
• Employee obeys an order issued by the Mayor, the Governor of Illinois, the Chicago Department of Public Health, or a treating healthcare provider, requiring the employee to:
  • Stay at home to minimize the transmission of a communicable disease;
  • Remain at home while experiencing symptoms or sick with a communicable disease;
  • Obey a quarantine order issued to the employee;
  • Obey an isolation order issued to the employee.

For the purposes of this Section, “family household member” 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).

Employees placed on suspension or otherwise placed on leave due to disciplinary reasons may not use paid sick leave.

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. Employees must exhaust all applicable banked or accrued leave days (such as sick, vacation, personal business, or other paid time off) before requesting or taking a "zero day" (a day off without pay). Non-unionized staff may use sick leave in a minimum of two (2) hour increments. Unionized staff may use sick leave in a minimum of two (2) hour increments unless stated otherwise in an applicable collective bargaining agreement.

• Sick Day Bank - Sick days are front-loaded 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 granted in their Sick Day Bank, following a thirty (30) 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. Employees must exhaust all applicable banked or accrued leave days (such as sick, vacation, personal business, or other paid time off) before requesting or taking a "zero day" (a day off without pay). Employees who move from one union to another may use any banked days once their current sick days are exhausted in accordance with section VII. Exhaustion Hierarchy While on a Paid Leave of Absence in this policy.

  Non-union full-time employees
  Sick time is front-loaded for non-union employees. At the beginning of the fiscal year, eight (8) hour employees receive ninety-six (96) hours and are eligible to rollover up to twenty-four (24) unused Sick hours in the next fiscal year. Seven (7) hour employees receive eighty-four (84) hours and are eligible to rollover up to thirty-six (36) unused Sick hours in the next fiscal year. If the maximum hours are in the bank, no additional hours will roll over. Employees that start employment after July 1st will receive sick time front-loaded on a prorated basis based on their hire date. These hours are not eligible for pay out at the end of employment.

  Sick day advancement
  If a newly hired employee requests to use a sick day(s) before the sick day(s) is made available for usage, it will only be granted if the employee agrees, in writing, that in the event the employee resigns or is otherwise separated from employment after having been paid for sick days before they are granted, the CEO or designee may deduct the amount of paid unearned sick days from any final compensation due to the employee, including any final payout of vacation days on separation. Any sick days used before they are made available for usage will be deducted from the initial amount granted into the employee’s bank. CPS may request that the employee submit a provider note to qualify for advance sick day use in this paragraph. Part-time union and non-union seasonal/miscellaneous/hourly employees are not eligible for sick day advancement under this Section,

  Part-time union and non-union seasonal/miscellaneous/hourly employees

  • Shall accrue sick leave in the amount of one hour for every thirty-five (35) hours worked from the date of hire, employees are eligible to use the time following a thirty (30) calendar day waiting period- (up to 40 hours in a 12-month period). Unused sick leave hours on or before the end of the fiscal year in which the sick time was accrued will carry over to the next fiscal year (up to eighty (80) hours) maximum in a 12 month period. If the maximum hours are in the bank, no additional hours will roll over. These hours are not eligible for pay out at the end of employment with Chicago Public Schools.

  Special Note: In the event that an employee transfers the sick time earned while in their position will be maintained in a separate Sick Day Bank, and available for use.

• Paid leave for part-time union and non-union seasonal/miscellaneous/hourly employees. Part-time union and non-union seasonal/miscellaneous/hourly employees will accrue one (1) hour of paid leave for every thirty-five (35) hours worked, from the date of hire (up to forty (40) hours in a 12-month period) to be used as needed after the 90th calendar day of employment. Paid leave hours that an employee does not use by the end of the fiscal year in which the paid leave days were earned will be carried over to the next fiscal year (up to sixteen (16) hours in a 12-month period). If the maximum hours are in the bank, no additional hours will roll over. When an employee separates from service or does not receive an assignment for sixty (60) days they may request a pay out of their unused paid leave hours not to exceed seven (7) days maximum. If an employee moves from a seasonal/miscellaneous/hourly position to an eligible position that front-loads paid leave hours will be paid out. Employees placed on suspension or otherwise placed on leave due to disciplinary reasons may not use paid leave.

  Paid leave requests for part-time employees will be evaluated and granted on a case-by-case basis. Approval will depend on maintaining the continuity of operations within the department, school, or district-wide, considering factors such as staffing requirements, sufficient student coverage, critical school/department activities, and the impact on services. Requests will be considered on a first-come, first-served basis.

  Paid leave for part-time employees should be requested in writing in advance, according to the guidelines set by the school or department, and must not be submitted more than seven days before the intended leave date, except in unforeseen circumstances. In cases of unforeseen circumstances, the request should be made as soon as possible so that these requests can be evaluated to determine if granting the request will negatively impact maintaining continuity of operations. If the request is denied, the denial must be provided in writing, including the rationale for the decision.

• 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. EEmployees 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. If a supervisor has a reasonable suspicion that an employee is abusing sick days after being absent for more than three (3) consecutive work days, the Employer may require documentation to substantiate that the use of Paid Sick Leave was authorized in accordance with Board Policy and under applicable law. 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. An employee found abusing paid sick leave may be subject to discipline up to and including termination.
• Returnees from Military Leave. Employees who return from military leave 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 (1⁄2) 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.
  1. Qualifying Event and Payout Percentage. An employee is eligible to receive a full or partial payout of their Grandfathered Sick Day Bank based on a qualifying event as follows:

     Qualifying Event	Percentage to be Paid Out
     Resignation or retirement with 33.95 or more years of Board service	100%
     Resignation or retirement with at least 20 but less than 33.95 years of Board service	90%
     Resignation or retirement at age 65 with less than 20 years of Board service	85%
     Employee’s Death	100%

  2. Payout of Grandfathered Sick Day Bank to 403(b) Tax Deferred Compensation Plan for Certain Eligible Employees. Effective July 1, 2004, in lieu of the amount payable to an eligible employee who (i) separates from service with the Board and who, upon such separation, is eligible to receive a service retirement pension pursuant to Section 17-116 of the Illinois Pension Code or an annuity pursuant to Sections 8-130, 131, or 132 of the Illinois Pension Code, and (ii) who has the equivalent of two thousand ($2,000.00) dollars or more in his/her Grandfathered Sick Day Bank at the time of separation, the Board will contribute on behalf of an eligible employee to the Chicago Public Schools 403(b) Tax Deferred Compensation Plan (the “Plan”) an amount equal to the lesser of (i) the applicable unused Grandfathered Sick Day Bank pay equivalent amount payable under Section I.H. of this Policy, or (ii) $80,000 (the “Contribution”). If the eligible employee has not contributed to the Plan at the time of his or her separation, the Board will select a Plan Service Provider pursuant to its established guidelines. Because of the limitations imposed by Section 415 of the Internal Revenue Code of 1986, as amended (“IRC”), the Contribution in the year of separation will be the lesser of (i) the IRC limit less any amount of elective deferrals that the eligible employee may have made to the Plan in the year of separation, or (ii) the total unused days in the employee’s Grandfathered Sick Day Bank. If the full Contribution cannot be made to the Plan in the year of separation, then additional installments of the Contribution (up to the IRC limit for each year) must be made no later than March 31 of each succeeding calendar year following the calendar year in which separation occurs, up to five years, if necessary. The amount of each installment must not exceed the amount allowable under IRC Sections 403(b) and 415. Any amount in excess of the Contribution or below the minimum Contribution amount that would be payable under Section I.H. of this Policy will be paid directly to the eligible employee at the time of separation.

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 ninety (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, other than part-time union and non-union seasonal/miscellaneous/hourly, 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 sixty (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.

Personal business days will be evaluated and granted on a case-by-case basis. Approval will depend on maintaining the continuity of operations within the department, school, or district-wide, considering factors such as staffing requirements, sufficient student coverage, critical school/department activities, and the impact on services. Requests will be considered on a first-come, first-served basis.

Personal business days should be requested in writing in advance, according to the guidelines set by the school or department, and submitted seven days before the intended leave date, except in unforeseen circumstances. In cases of unforeseen circumstances, the request should be made as soon as possible to evaluate whether granting the request will negatively impact maintaining continuity of operations. If the request is denied, the denial must be provided in writing, including the rationale for the decision. Employees must exhaust all applicable banked or accrued leave days (such as sick, vacation, personal business, or other paid time off) before requesting or taking a "zero day" (a day off without pay).

IV. Vacation Days

• Accrual of Vacation Days.

  1. 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, 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.
  2. 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.

  Years of Service	Accrual Rate	Maximum Accrual
  For service up to and including ten (10) years	.0577 days per day paid, not to exceed three (3) weeks or fifteen (15) days per year	25 days
  For service eleven to twenty (20) years inclusive	.077 days per day paid, not to exceed four (4) weeks or twenty (20) days per year	30 days
  For service for twenty-one (21) or more years	.097 days per day paid, not to exceed five (5) weeks or twenty-five (25) days per year	35 days

  Once the applicable maximum accrual of vacation days has been reached, no additional vacation days will be accrued by the employee until the balance of unused vacation days falls below the applicable maximum accrual.

• Vacation Day Use and Pay. Vacation may be taken at a time approved by the employee’s department head or designee. Employees will be paid their regular daily rate of pay for their Vacation Days at the time the vacation is taken. Whenever possible, teachers and staff should schedule vacation activities during their pre-defined vacation periods of Winter and Spring Breaks. Employees must exhaust all applicable banked or accrued leave days (such as sick, vacation, personal business, or other paid time off) before requesting or taking a "zero day" (a day off without pay).

• 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.
• 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.
• Final Payout of Accumulated Reserve Vacation Benefit Days. An employee with unused and accumulated reserve vacation benefit days and/or RS2 vacation benefit days that were awarded to the employee under prior policies and rules (collectively referred to as “Reserve Days”) will be paid for such accumulated Reserve Days at the employee’s prevailing salary with such final payout occurring as part of the last full pay period of FY2014. Upon payment, Reserve Days will no longer be awarded or held in a benefit day bank for employee use.
• Payout Unused Vacation Benefit Days. If an employee separates from Board service they are entitled to receive payment after separation for all unused vacation days at the employee’s prevailing salary. An appointed teacher or temporary assigned teacher who is displaced will be paid out any earned and unused vacation pay in accordance with formulas and eligibility criteria set forth in applicable collective bargaining agreements. In the event of an employee’s death, the surviving spouse or estate is entitled to receive payment for all of the employee’s unused vacation days at the employee’s prevailing salary. An employee transferring either from a school month to a calendar position or from a calendar to a school month position will receive payment for accumulated vacation days at the rate of pay immediately prior to the transfer.
• 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.

V. Holidays

• Employees otherwise scheduled to work shall not be scheduled to work on Board holidays, except as necessary for the security and maintenance of facilities. Holidays that fall on a Sunday shall be observed on the Monday following the holiday. Holidays that fall on a Saturday shall not be observed. Reference the academic calendar for Board’s paid holidays.
• Holiday Pay and Conditions for Holiday Pay. Employees, other than substitute teachers, and part-time/seasonal employees shall be paid their regular pay for the holiday. In the case of teachers, “regular pay” includes pay for extended day and regularly scheduled classes authorized on an overtime basis. To be eligible for holiday pay, employees must work either the day before or the day after the holiday, unless the employee has been approved to use benefit time on those days. Other eligibility requirements may be established by collective bargaining agreements or Board policies.
• Religious Holiday Benefit Days (RHL). Religious Holidays. Employees, other than substitute teachers, and part-time/seasonal employees shall be granted an allotment of three (3) paid religious holiday benefit days during the first payroll period of the fiscal year in July for the observance of religious holidays. New employees will receive their allotment of religious holidays following the first pay period after their date of hire. Employees forfeit the Religious Holiday Benefit Days that are not used within the same fiscal year the Religious Holiday Benefit Days are granted. Unused religious holidays are ineligible for payout upon employment separation. Religious holidays shall not be considered an absence, provided that the employee must give written notice to their supervisor at least fourteen (14) calendar days in advance of non-attendance for the religious holiday. Approval for these requests will be at the discretion of the principal or manager, taking into account operational needs such as staffing requirements, maintaining student coverage, critical/department activities, availability of substitutes, and impact on services. Social, political, or economic philosophies, or personal ideological preferences, do not qualify as “religious” beliefs under this provision, provided, school administrators shall make best efforts to reasonably approve requests for religious holiday benefit time. If an administrator claims operational need prevents approval of a request, notice of the denial shall be provided in writing, no later than seven (7) days before the holiday, specifying the reasons for the decision and any potential alternatives or options available to the employee, including the opportunity to secure their own substitute coverage. Employees must be actively reporting to work in order to use the religious holidays. They are not eligible for use while an employee is on a leave of absence.

VI. Credit Adjustments

• Years of Service and Adjustments to Service Credit. The calculation of an employee’s years of service with the Chicago Public Schools is based on full-time service only and is subject to the accounting procedures and requirements established by the CEO or designee. The following adjustments apply when determining an employee’s years of service for vacation accrual purposes.

VII. Exhaustion Hierarchy While on a Paid Leave of Absence

For any applicable paid leave or paid leave benefit where employees are required to use benefit days, the following chart outlines the order in which benefit days must be used (note that if employees are not eligible for the type of benefit day listed, the next type will be used). Employees who are on leave when sick days are granted, will receive the grant of prorated days based on their return to work date.