School's No Longer Out for Summer

As kids hang up their beach towels and grab their school bags, that means parents are back to making school lunches, helping with homework, and soon enough, attending parent-teacher conferences and classroom activities.   

Illinois employers, don’t forget that if you have at least 50 employees in Illinois, your employees may be entitled to up to 8 hours of unpaid leave during the school year to attend their kids’ school conferences and classroom activities.  This is under the Illinois School Visitation Rights Act. 

Do all employees qualify for this school visitation leave?  Nope.  It applies only to employees who have worked for you for at least 6 consecutive months immediately preceding their request for leave, and who, in those 6 months, have worked an average number of hours per week equal to at least ½ of full-time hours, as defined by your personnel policies or practices or in accordance with any applicable CBA.  

Also, employees aren’t entitled to this leave unless they’ve used up all accrued vacation leave, personal leave, compensatory leave, and any other leave given to them – except sick leave and disability leave. 

Not only that, but employers don’t have to grant this leave if it would result in more than 5% of their workforce, or 5% of their workforce shift, taking school visitation leave at the same time. 

How much school visitation leave can be taken at once?  Employees are entitled to no more than 4 hours on any given day.  But, employees are entitled to leave only if the conference or classroom activities can’t be scheduled during non-work hours. 

Do employees have to give notice?  Yes.  You can require that employees give a written request for leave at least 7 days in advance, unless it’s an emergency – then you can require up to 24 hours’ notice.  Employees also have to consult with you to schedule the leave so it doesn’t unduly disrupt your operations. 

Can employers require proof?  Yes.  You can require that employees submit written verification from the school, which includes the time and date the visitation occurred.  If employees don’t give you this within 2 working days after the leave, they can be subject to your standard disciplinary procedures for unexcused absences from work.   

Do employees have to make up the time?  Maybe.  For non-exempt employees, you can’t require them to make up the time, but you do have to give them a reasonable opportunity to make up the time on another day or shift if they want to.  Good news is, a “reasonable opportunity” is not one where you would be required to pay overtime because of the scheduled make-up time.  If a non-exempt employee doesn’t make up the time, the employee isn’t paid for the time.  For exempt employees, you can require that they make up the time – in the same pay period.  Keep in mind, under federal law, if an exempt employee doesn’t make up the time, you can’t dock the employee’s pay. 

Is this different than the Chicago and Cook County paid sick leave ordinances?  Yes.  The paid sick leave ordinances allow qualifying parents to use paid sick time to cover absences related to school closures due to public health emergencies.   

Remember, be consistent with your application of school visitation leave.  A good start is to have a well-drafted policy for your employees, managers, and HR to follow.  For those employees who are subject to a CBA, make sure to follow the terms of the CBA.