5:180 Temporary Illness or Temporary Incapacity

A temporary illness or temporary incapacity is an illness or other capacity of ill-being that renders an employee physically or mentally unable to perform assigned duties.  During such a period, the employee can 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 their 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, 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 consider beginning 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 employee returned to work intermittently in order to avoid this paragraph’s application.

Any employee may be required to have an examination, after a temporary illness, at District expense, by a physician who is licensed in Illinois to practice medicine and surgery in all its branches if the examination is job-related and consistent with business necessity.

Cross Reference: 

5:030 Hiring Process and Criteria

5:185 Family and Medical Leave

5:250 Leaves of Absence

5:330 Sick Days, Vacation, Holidays, and Leaves

Legal Reference(s): 

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).

Date Adopted: 10/23/2007