Dynak v. Board of Education of Wood Dale School District 7

Illinois Supreme Court
Civil Court
School Code
Citation
Case Number: 
2020 IL 125062
Decision Date: 
Thursday, April 16, 2020
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Appellate court affirmed; circuit court affirmed.
Justice: 
BURKE

Section 24-6 of the Illinois School Code does not allow a teacher who gives birth at the end of the school year to use her accumulated paid sick leave at the start of the next school year. Legislature intended that sick leave for birth must have a temporal connection to the birth. No evidence in the text that legislature intended to create a vested right in an employee to take paid sick leave on any days the employee chooses. Under Section 24-6, teachers may use up to 30 days of accumulated paid sick leave during the 6-week period immediately following the birth. Once that 6-week period has elapsed, a teacher may not use her paid sick days for birth unless he or she provides a physician's certificate as set forth in statute. (GARMAN and THEIS, concurring; KARMEIER and KILBRIDE, specially concurring.)