THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY EICHELBERGER, PICCOLA, BAKER, BRUBAKER, FOLMER, ALLOWAY, WAUGH, PILEGGI AND D. WHITE, MARCH 28, 2011

REFERRED TO EDUCATION, MARCH 28, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in professional employees, further

providing for payment of salaries in cases of sickness,

injury or death, for alternative payment plan, for persons

entitled to leaves of absence, for salary while on leave and

for Distinguished Educators Program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1154 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949,

amended May 24, 1951 (P.L.368, No.84), December 22, 1965

(P.L.1180, No.467) and August 18, 1971 (P.L.339, No.88), is

amended to read:

Section 1154.  [Payment of Salaries in Cases of Sickness,

Injury or Death] Right to Accumulated Sick Leave.--[(a)  In any

school year whenever a professional or temporary professional

employe is prevented by illness or accidental injury from

following his or her occupation, the school district shall pay

to said employe for each day of absence the full salary to which

the employe may be entitled as if said employe were actually

engaged in the performance of duty for a period of ten days. Any

such unused leave shall be cumulative from year to year in the

school district of current employment or its predecessors

without limitation. All or any part of such accumulated unused

leave may be taken with full pay in any one or more school

years. No employe's salary shall be paid if the accidental

injury is incurred while the employe is engaged in remunerative

work unrelated to school duties.]

Whenever the boards of school directors of two or more school

districts may establish any joint elementary public school, high

school or department, or whenever two or more school districts

shall merge or form a union school district or administrative

unit in accordance with the provisions of sections 291, 292,

293, 294, 295, 296 and 297 of this act, the professional or

temporary professional employes employed by the several boards

of school directors establishing such joint school or department

or merged or union school district or administrative unit shall

be entitled to the sick leave accumulated in the individual

school districts subsequently establishing such joint school or

department or merged or union school district or administrative

unit.

[Professional and temporary professional employes who sever

their employment with one school district and enter into

employment with another school district shall be entitled to all

accumulated leave not exceeding a maximum of twenty-five (25)

working days acquired during their employment in the school

districts of the Commonwealth.

The board of school directors may require the employe to

furnish a certificate from a physician or other practitioner

certifying that said employe was unable to perform his or her

duties during the period of absence for which compensation is

required to be paid under this section.

The board of school directors of each school district shall

maintain and supply annually to each professional and temporary

professional employe a copy of a cumulative record of sick leave

credited to and used by such professional or temporary

professional employe. In any case involving a dispute over the

amount of accumulated sick leave, a professional or temporary

professional employe shall have a right of appeal to the

Secretary of Education pursuant to such rules and regulations as

he may establish.

(b)  Whenever a professional or temporary professional

employe shall be absent from duty because of a death in the

immediate family of said employe, there shall be no deduction in

salary of said employe for an absence not in excess of three

school days. The board of school directors may extend the period

of absence with pay in its discretion as the exigencies of the

case may warrant. Members of the immediate family shall be

defined as father, mother, brother, sister, son, daughter,

husband, wife, parent-in-law or near relative who resides in the

same household, or any person with whom the employe has made his

home.

(c)  Whenever a professional or temporary professional

employe is absent because of the death of a near relative, there

shall be no deduction in the salary of said employe for absence

on the day of the funeral. The board of school directors may

extend the period of absence with pay in its discretion as the

exigencies of the case may warrant. A near relative shall be

defined as a first cousin, grandfather, grandmother, aunt,

uncle, niece, nephew, son-in-law, daughter-in-law, brother-in-

law or sister-in-law. 

(d)  All compensation required to be paid under the

provisions of this act shall be paid to the employe in the same

manner and at the same time said employe would have received his

salary if actually engaged in the performance of his duties.

(e)  Any board of school directors may adopt rules or

regulations pertaining to the payment of salaries of employes

when absent from duty, extending the period of leave with or

without pay in excess of that herein provided, or authorizing

leaves with pay for other purposes. This act is not intended to

repeal any rule or regulation of any board of school directors

now in effect which does provide for such additional

compensation or additional period of leave with pay.]

Section 2.  Section 1154.1 of the act, reenacted and amended

April 4, 1984 (P.L.190, No.38), is repealed:

[Section 1154.1.  Alternative Payment Plan.--(a)  In any

school year whenever a professional, temporary professional or

nonprofessional employe is prevented by illness or accidental

injury from following his or her occupation, the school district

or other school entity by written agreement with the employe

may, as an alternative to the payments provided in section

1154(a), establish a plan excluding from wages payments made as

provided in section 209(b) of the Social Security Act (49

Statute 629).

(b)  The State Treasurer is authorized to recover, on behalf

of the Commonwealth and school districts and all other school

entities enumerated in this act and on behalf of all officers

and employes thereof, Social Security overpayments made to the

United States Treasury.

(c)  The expenses incurred by the State Treasurer in

recovering such overpayments may be paid out of any recoveries

of overpayments on behalf of the Commonwealth and school

entities.

(d)  The State Treasurer may take such actions as he deems

reasonable in the recovery of such overpayments.

(e)  The full amount of any recoveries of overpayments for

employes shall be refunded to such employes. The amount of any

recoveries on behalf of school entities, after deducting the

expenses of collection, shall be transferred or credited to the

school entities. Any expenses previously paid by the State

Treasurer shall be refunded from such recoveries. Any unpaid

expenses shall be paid from such recoveries.]

Section 3.  Section 1166 of the act, amended June 28, 1996

(P.L.430, No.66), is repealed:

[Section 1166.  Persons Entitled.--(a)  Any person employed

in the public school system of this Commonwealth who has

completed ten (10) years of satisfactory service as a

professional employe or member of the supervisory, instructional

or administrative staff, or as a commissioned officer, of any

board of school directors, county board of school directors, or

any other part of the public school system of the Commonwealth,

shall be entitled to a leave of absence for professional

development or a sabbatical leave for restoration of health or,

at the discretion of the board of school directors, for other

purposes. At least five consecutive years of such service shall

have been in the school district from which leave of absence for

professional development or sabbatical leave for restoration of

health is sought, unless the board of school directors shall in

its discretion allow a shorter time: Provided, however, That in

the case of professional employes of area vocational-technical

schools or technical institutes prior service in the

participating school districts shall be credited toward such

service requirement. A leave of absence for professional

development or sabbatical leave for restoration of health shall

be for a half or full school term or for two half school terms

during a period of two years, at the option of such person:

Provided, however, if a sabbatical leave is requested because of

the illness of an employe, a leave shall be granted for a period

equivalent to a half or full school term or equivalent to two

half school terms during a period of two years: Provided

further, That if a sabbatical leave for restoration of health or

a leave of absence for professional development for one half

school term or its equivalent has been granted and the employe

is unable to return to school service because of illness or

physical disability, the employe, upon written request prior to

the expiration of the original leave, shall be entitled to a

further leave for one half school term or its equivalent:

Provided further, That if a leave for a full school term or its

equivalent has been granted and the employe is unable to return

to school service because of illness or physical disability, the

board of school directors may extend such leave for such periods

as it may determine but not to exceed one full school term or

its equivalent. Thereafter, one leave of absence for

professional development or a sabbatical leave for restoration

of health shall be allowed after each seven years of service.

(b)  A sabbatical leave for restoration of health or a leave

of absence for professional development granted to a regular

employe shall also operate as a leave of absence without pay

from all other school activities.]

Section 4.  Section 1169 of the act, amended July 10, 1986

(P.L.1270, No.117), is repealed:

[Section 1169.  Salary While on Leave.--The person on leave

of absence shall receive at least one-half of his or her regular

salary during the period he or she is on sabbatical leave.]

Section 5.  Section 1195(i) of the act, added July 11, 2006

(P.L.1092, No.114), is amended to read:

Section 1195.  Distinguished Educators Program.--* * *

(i)  If leave is granted under subsection (h), Distinguished

Educators shall maintain the rights and obligations established

in sections 1168 and 1170, but the leave shall not be subject to

section [1166, 1166.1, 1167 or 1169] 1166.1 or 1167.

* * *

Section 6.  Nothing in this act shall be construed to

supersede or preempt any provision of a collective bargaining

agreement negotiated by a school entity and an exclusive

representative of the employees in accordance with the act of

July 23, 1970 (P.L.563, No.195), known as the Public Employe

Relations Act, and in effect on the effective date of this act.

Section 7.  This act shall take effect in 60 days.