1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An 
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in professional employees, further
6providing for payment of salaries in cases of sickness,
7injury or death, for alternative payment plan, for persons
8entitled to leaves of absence, for salary while on leave and
9for Distinguished Educators Program.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 1154 of the act of March 10, 1949 
13(P.L.30, No.14), known as the Public School Code of 1949, 
14amended May 24, 1951 (P.L.368, No.84), December 22, 1965 
15(P.L.1180, No.467) and August 18, 1971 (P.L.339, No.88), is
16amended to read:

17Section 1154. [Payment of Salaries in Cases of Sickness,
18Injury or Death] Right to Accumulated Sick Leave.--[(a) In any
19school year whenever a professional or temporary professional
20employe is prevented by illness or accidental injury from
21following his or her occupation, the school district shall pay

1to said employe for each day of absence the full salary to which
2the employe may be entitled as if said employe were actually
3engaged in the performance of duty for a period of ten days. Any
4such unused leave shall be cumulative from year to year in the
5school district of current employment or its predecessors
6without limitation. All or any part of such accumulated unused
7leave may be taken with full pay in any one or more school
8years. No employe's salary shall be paid if the accidental
9injury is incurred while the employe is engaged in remunerative
10work unrelated to school duties.]

11Whenever the boards of school directors of two or more school
12districts may establish any joint elementary public school, high
13school or department, or whenever two or more school districts
14shall merge or form a union school district or administrative
15unit in accordance with the provisions of sections 291, 292,
16293, 294, 295, 296 and 297 of this act, the professional or
17temporary professional employes employed by the several boards
18of school directors establishing such joint school or department
19or merged or union school district or administrative unit shall
20be entitled to the sick leave accumulated in the individual
21school districts subsequently establishing such joint school or
22department or merged or union school district or administrative
23unit.

24[Professional and temporary professional employes who sever
25their employment with one school district and enter into
26employment with another school district shall be entitled to all
27accumulated leave not exceeding a maximum of twenty-five (25)
28working days acquired during their employment in the school
29districts of the Commonwealth.

30The board of school directors may require the employe to

1furnish a certificate from a physician or other practitioner
2certifying that said employe was unable to perform his or her
3duties during the period of absence for which compensation is
4required to be paid under this section.

5The board of school directors of each school district shall
6maintain and supply annually to each professional and temporary
7professional employe a copy of a cumulative record of sick leave
8credited to and used by such professional or temporary
9professional employe. In any case involving a dispute over the
10amount of accumulated sick leave, a professional or temporary
11professional employe shall have a right of appeal to the
12Secretary of Education pursuant to such rules and regulations as
13he may establish.

14(b) Whenever a professional or temporary professional
15employe shall be absent from duty because of a death in the
16immediate family of said employe, there shall be no deduction in
17salary of said employe for an absence not in excess of three
18school days. The board of school directors may extend the period
19of absence with pay in its discretion as the exigencies of the
20case may warrant. Members of the immediate family shall be
21defined as father, mother, brother, sister, son, daughter,
22husband, wife, parent-in-law or near relative who resides in the
23same household, or any person with whom the employe has made his
24home.

25(c) Whenever a professional or temporary professional
26employe is absent because of the death of a near relative, there
27shall be no deduction in the salary of said employe for absence
28on the day of the funeral. The board of school directors may
29extend the period of absence with pay in its discretion as the
30exigencies of the case may warrant. A near relative shall be

1defined as a first cousin, grandfather, grandmother, aunt,
2uncle, niece, nephew, son-in-law, daughter-in-law, brother-in-
3law or sister-in-law.

4(d) All compensation required to be paid under the
5provisions of this act shall be paid to the employe in the same
6manner and at the same time said employe would have received his
7salary if actually engaged in the performance of his duties.

8(e) Any board of school directors may adopt rules or
9regulations pertaining to the payment of salaries of employes
10when absent from duty, extending the period of leave with or
11without pay in excess of that herein provided, or authorizing
12leaves with pay for other purposes. This act is not intended to
13repeal any rule or regulation of any board of school directors
14now in effect which does provide for such additional
15compensation or additional period of leave with pay.]

16Section 2. Section 1154.1 of the act, reenacted and amended
17April 4, 1984 (P.L.190, No.38), is repealed:

18[Section 1154.1. Alternative Payment Plan.--(a) In any
19school year whenever a professional, temporary professional or
20nonprofessional employe is prevented by illness or accidental
21injury from following his or her occupation, the school district
22or other school entity by written agreement with the employe
23may, as an alternative to the payments provided in section
241154(a), establish a plan excluding from wages payments made as
25provided in section 209(b) of the Social Security Act (49
26Statute 629).

27(b) The State Treasurer is authorized to recover, on behalf
28of the Commonwealth and school districts and all other school
29entities enumerated in this act and on behalf of all officers
30and employes thereof, Social Security overpayments made to the

1United States Treasury.

2(c) The expenses incurred by the State Treasurer in
3recovering such overpayments may be paid out of any recoveries
4of overpayments on behalf of the Commonwealth and school
5entities.

6(d) The State Treasurer may take such actions as he deems
7reasonable in the recovery of such overpayments.

8(e) The full amount of any recoveries of overpayments for
9employes shall be refunded to such employes. The amount of any
10recoveries on behalf of school entities, after deducting the
11expenses of collection, shall be transferred or credited to the
12school entities. Any expenses previously paid by the State
13Treasurer shall be refunded from such recoveries. Any unpaid
14expenses shall be paid from such recoveries.]

15Section 3. Section 1166 of the act, amended June 28, 1996 
16(P.L.430, No.66), is repealed:

17[Section 1166. Persons Entitled.--(a) Any person employed
18in the public school system of this Commonwealth who has
19completed ten (10) years of satisfactory service as a
20professional employe or member of the supervisory, instructional
21or administrative staff, or as a commissioned officer, of any
22board of school directors, county board of school directors, or
23any other part of the public school system of the Commonwealth,
24shall be entitled to a leave of absence for professional
25development or a sabbatical leave for restoration of health or,
26at the discretion of the board of school directors, for other
27purposes. At least five consecutive years of such service shall
28have been in the school district from which leave of absence for
29professional development or sabbatical leave for restoration of
30health is sought, unless the board of school directors shall in

1its discretion allow a shorter time: Provided, however, That in
2the case of professional employes of area vocational-technical
3schools or technical institutes prior service in the
4participating school districts shall be credited toward such
5service requirement. A leave of absence for professional
6development or sabbatical leave for restoration of health shall
7be for a half or full school term or for two half school terms
8during a period of two years, at the option of such person:
9Provided, however, if a sabbatical leave is requested because of
10the illness of an employe, a leave shall be granted for a period
11equivalent to a half or full school term or equivalent to two
12half school terms during a period of two years: Provided
13further, That if a sabbatical leave for restoration of health or
14a leave of absence for professional development for one half
15school term or its equivalent has been granted and the employe
16is unable to return to school service because of illness or
17physical disability, the employe, upon written request prior to
18the expiration of the original leave, shall be entitled to a
19further leave for one half school term or its equivalent:
20Provided further, That if a leave for a full school term or its
21equivalent has been granted and the employe is unable to return
22to school service because of illness or physical disability, the
23board of school directors may extend such leave for such periods
24as it may determine but not to exceed one full school term or
25its equivalent. Thereafter, one leave of absence for
26professional development or a sabbatical leave for restoration
27of health shall be allowed after each seven years of service.

28(b) A sabbatical leave for restoration of health or a leave
29of absence for professional development granted to a regular
30employe shall also operate as a leave of absence without pay

1from all other school activities.]

2Section 4. Section 1169 of the act, amended July 10, 1986
3(P.L.1270, No.117), is repealed:

4[Section 1169. Salary While on Leave.--The person on leave
5of absence shall receive at least one-half of his or her regular
6salary during the period he or she is on sabbatical leave.]

7Section 5. Section 1195(i) of the act, added July 11, 2006
8(P.L.1092, No.114), is amended to read:

9Section 1195. Distinguished Educators Program.--* * *

10(i) If leave is granted under subsection (h), Distinguished
11Educators shall maintain the rights and obligations established
12in sections 1168 and 1170, but the leave shall not be subject to
13section [1166, 1166.1, 1167 or 1169] 1166.1 or 1167.

14* * *

15Section 6. Nothing in this act shall be construed to
16supersede or preempt any provision of a collective bargaining
17agreement negotiated by a school entity and an exclusive
18representative of the employees in accordance with the act of
19July 23, 1970 (P.L.563, No.195), known as the Public Employe
20Relations Act, and in effect on the effective date of this act.

21Section 7. This act shall take effect in 60 days.