PRINTER'S NO. 212
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
229
Session of
2017
INTRODUCED BY EICHELBERGER, VULAKOVICH, FOLMER, WHITE,
RESCHENTHALER AND MARTIN, JANUARY 26, 2017
REFERRED TO EDUCATION, JANUARY 26, 2017
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 employes, further
providing for payment of salaries in cases of sickness,
injury or death, repealing provisions relating to alternative
payment plan, to persons entitled and to salary while on
leave and further providing 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 July 13, 2016 (P.L.716, No.86), 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
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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
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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, grandchild,
aunt, uncle, niece, nephew, son-in-law, daughter-in-law,
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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. Sections 1154.1, 1166 and 1169 of the act are
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
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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 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
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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 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.]
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Section 3. Section 1195(i) of the act 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 4. 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
section.
Section 5. This act shall take effect in 60 days.
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