LM Nov2020

LegalCorner

Thinking About Retirement? Take NoteOf Recent Change To Sick Leave Rule.

Chad Watkins IASA Associate Director/General Counsel

For TRS Tier I members approaching or considering retirement, a recent change to a sick leave rule could have implications on your pension. As you may know, up to two years of service credit can be received for unused, uncompensated sick leave. TRS deems 170 sick leave days as one full year, so for the maximum two full years of service credit, you will need 340 unused, uncompensated sick leave days. As you approach retirement you should check with your district office to confirm how many sick leave days that you have available. If you’ve previously served in another district, I recommend calling TRS to confirm how many sick leave days that they have in your file. Here’s what’s different. TRS rules place several limitations on how districts can provide sick days, however, an April 24th rule change appears to loosen a previously important restriction on providing sick days to administrators. 1 The rule created a new definition of “normal annual sick leave allotment,” which could increase the sick leave allotment given to administrators toward the end of their career. Before the rule change, normal annual sick leave allotment was defined as the sick leave given by the district to its teachers, typically through the collective bargaining agreement or CBA. Under the previous rule, if the district provided administrators in their last four years with more sick leave than offered to the teachers, the district faced an additional employer contribution for providing excess sick leave (a penalty). Naturally, some districts were reluctant to provide any additional sick leave to its administrators for that reason.

Under the present rule, the normal annual sick leave allotment is redefined more favorably to administrators, as the sick leave granted by a district under a contract, removing the reference to the sick leave provided in the CBA. In accordance with the rule, if the CBA provides teachers with 14 sick leave days, and employment contracts provide the principals with 20 days and the superintendent with 25 days, the normal annual sick leave allotment for the employees would be as follows: Teachers: 14, Principals: 20 and Superintendent: 25. Accordingly, a board that provides its administrators with more sick leave than its teachers would not necessarily face a penalty. As such, your board might be more willing to provide you with additional sick days. Even with the rule change, however, there are still other TRS sick leave and retirement considerations that should be taken into account. If you have any questions about your personal sick leave or other matters related to your employment, please do not hesitate to contact me at cwatkins@iasaedu.org. This article is provided for informational purposes only and does not constitute legal advice. For legal questions regarding your personal employment, IASA members can always feel free to contact IASA Associate Director/General Counsel, Chad Watkins. For district matters, you are advised to contact your district counsel for legal advice.

1 80 Ill. Admin. Code 1650.351

13 LM November 2020