Temporary Illness or Temporary...

5:180 Temporary Illness or Temporary Incapacity

A temporary illness or temporary incapacity is an illness or other capacity, as confirmed by a duly licensed physician or mental health professional, of ill-being that renders an employee physically or mentally unable to perform assigned duties.  During such a period, the employee will 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 employee.  The Board of Education's intent is that in no case will the employee, who is temporarily disabled, receive more than 100 percent of his or her gross salary.

Those insurance plans privately purchased by the employee and to which the District does not contribute, are not applicable to this policy.

If illness, incapacity, or any other condition causes an employee to be absent in one school year for more than 90 work days in any 120 work day period, such absence shall be considered a permanent disability and the Board may begin dismissal proceedings subject to State and federal law, including the Americans with Disabilities Act.

This paragraph shall not preclude the Board from initiating dismissal proceedings if an employee is declared permanently physically or mentally incapacitated from performing his/her essential job functions by a duly licensed physician or mental health professional.

This paragraph shall not be considered a limitation on the Board’s authority to take any action concerning an employee that is authorized by State and Federal law.

Any employee may be required to have an examination(s), at District expense, by a physician who is licensed in Illinois to practice medicine and surgery in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority by his or her supervisor to perform health examinations, if the examination is job-related and consistent with business necessity.

LEGAL REF.:  Americans with Disabilities Act, 42 U.S.C. § 12102.
105 ILCS 5/10-22.4, 5/24-12, and 5/24-13.
Elder v. School Dist. No.127 1/2, 208 N.E.2d 423 (Ill.App. 1st Dist., 1965).
School District No. 151 v. ISBE, 507 N.E.2d 134 (Ill. App. 1st Dist., 1987).

CROSS REF.:  5:30 (Hiring Process and Criteria), 5:185 (Family and Medical Leave), 5:250 (Leaves of Absence), 5:330 (Sick Days, Vacation, Holidays, and Leaves)

ADOPTED:  November 22, 2004

UPDATED:  March 21, 2011
                    June 9, 2014