PRINTER'S NO. 4197
No. 3054 Session of 1994
INTRODUCED BY PHILLIPS, TIGUE, PITTS, EGOLF, SAURMAN, MAITLAND,
BROWN, RUBLEY, GAMBLE, LEH, STERN, ROHRER, HERSHEY,
TOMLINSON, LEVDANSKY, TRUE, WAUGH, BARLEY, FAIRCHILD,
DEMPSEY, LAUB, CESSAR, MILLER, NICKOL, FARGO, SATHER AND
ARMSTRONG, SEPTEMBER 28, 1994
REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 28, 1994
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for payment of
6 salaries in cases of sickness, injury or death.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1154(a) of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended August 18, 1971 (P.L.339, No.88), is amended to read:
12 Section 1154. Payment of Salaries in Cases of Sickness,
13 Injury or Death.--(a) In any school year whenever a
14 professional or temporary professional employe is prevented by
15 illness or accidental injury from following his or her
16 occupation, the school district shall pay to said employe for
17 each day of absence the full salary to which the employe may be
18 entitled as if said employe were actually engaged in the
1 performance of duty for a period of ten days. Any such unused
2 leave shall be cumulative from year to year in the school
3 district of current employment or its predecessors without
4 limitation. All or any part of such accumulated unused leave may
5 be taken with full pay in any one or more school years. No
6 employe's salary shall be paid if the accidental injury is
7 incurred while the employe is engaged in remunerative work
8 unrelated to school duties. Any employe who receives
9 compensation under this section shall not be eligible to receive
10 benefits under the act of June 2, 1915 (P.L.736, No.338), known
11 as the "Workers' Compensation Act," during the period of time in
12 which compensation is paid under this section.
13 Whenever the boards of school directors of two or more school
14 districts may establish any joint elementary public school, high
15 school or department, or whenever two or more school districts
16 shall merge or form a union school district or administrative
17 unit in accordance with the provisions of sections 291, 292,
18 293, 294, 295, 296 and 297 of this act, the professional or
19 temporary professional employes employed by the several boards
20 of school directors establishing such joint school or department
21 or merged or union school district or administrative unit shall
22 be entitled to the sick leave accumulated in the individual
23 school districts subsequently establishing such joint school or
24 department or merged or union school district or administrative
25 unit.
26 Professional and temporary professional employes who sever
27 their employment with one school district and enter into
28 employment with another school district shall be entitled to all
29 accumulated leave not exceeding a maximum of twenty-five (25)
30 working days acquired during their employment in the school
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1 districts of the Commonwealth.
2 The board of school directors may require the employe to
3 furnish a certificate from a physician or other practitioner
4 certifying that said employe was unable to perform his or her
5 duties during the period of absence for which compensation is
6 required to be paid under this section.
7 The board of school directors of each school district shall
8 maintain and supply annually to each professional and temporary
9 professional employe a copy of a cumulative record of sick leave
10 credited to and used by such professional or temporary
11 professional employe. In any case involving a dispute over the
12 amount of accumulated sick leave, a professional or temporary
13 professional employe shall have a right of appeal to the
14 Secretary of Education pursuant to such rules and regulations as
15 he may establish.
16 * * *
17 Section 2. This act shall take effect immediately.
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