Sec. 34-85e. COVID-19 sick leave. For purposes of this Section, "employee" means a person employed by the school district on or after the effective date of this amendatory Act of the 102nd General Assembly. Any sick leave used by a teacher or employee during the 2021-2022 school year shall be returned to a teacher or employee who receives all doses required to be fully vaccinated against COVID-19, as defined in Section 34-18.78 of this Code, if: (1) the sick leave was taken because the teacher or employee was restricted from being on school district property because the teacher or employee: (A) had a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19; (B) had a probable COVID-19 diagnosis via an antigen diagnostic test; (C) was in close contact with a person who had a confirmed case of COVID-19 and was required to be excluded from school; or (D) was required by the school or school district policy to be excluded from school district property due to COVID-19 symptoms; or (2) the sick leave was taken to care for a child of the teacher or employee who was unable to attend elementary or secondary school because the child: (A) had a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19; (B) had a probable COVID-19 diagnosis via an antigen diagnostic test; (C) was in close contact with a person who had a confirmed case of COVID-19 and was required to be excluded from school; or (D) was required by the school or school district policy to be excluded from school district property due to COVID-19 symptoms. Leave shall be returned to a teacher or employee pursuant to this Section provided that the teacher or employee has received all required doses to meet the definition of "fully vaccinated against COVID-19" under Section 34-18.78 of this Code no later than 5 weeks after the effective date of this amendatory Act of the 102nd General Assembly. No school may rescind any sick leave returned to a teacher or employee on the basis of a revision to the definition of "fully vaccinated against COVID-19" by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or the Department of Public Health, provided that the teacher or employee received all doses required to be fully vaccinated against COVID-19, as defined in Section 34-18.78 of this Code, at the time the sick leave was returned to the teacher or employee. employee was restricted from being on school district property because the teacher or employee: via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19; antigen diagnostic test; confirmed case of COVID-19 and was required to be excluded from school; or policy to be excluded from school district property due to COVID-19 symptoms; or the teacher or employee who was unable to attend elementary or secondary school because the child: via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19; antigen diagnostic test; confirmed case of COVID-19 and was required to be excluded from school; or policy to be excluded from school district property due to COVID-19 symptoms.
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