by Michael B. Weinstein Police and firefighter pension funds are often required to decide whether a member has become disabled in the line-of-duty. Frequently, the individual applicant has also filed for workers’ compensation benefits, in which case the decision on those benefits might require that the pension fund come to the same conclusion. As a result, a new Illinois law …
School districts focused on how and when schools might re open in the fall must be prepared to comply with the Final Rule recently released by the U.S. Department of Education, Office for Civil Rights (OCR), amending Title IX regulations. For the first time since Title IX’s enactment in 1972, the regulations will now define “sexual harassment” and establish detailed procedures …
Today, Illinois enters Phase 3 of Governor J.B. Pritzker’s 5-Phase reopening plan. Although the main focus of this phase has been the reopening of certain businesses, local governments will also be affected in their operations and facilities. Phase 3 is not a return to normal, though; the Governor has released detailed guidelines and restrictions that should still be followed. General …
For more than two months, Governor J.B. Pritzker has been issuing Executive Orders that waive or alter a variety of laws involving local governments. These orders were designed to temporarily deal with ramifications of the COVID-19 emergency. However, when the General Assembly met in Special Session last week, many of their votes essentially ratified the Governor’s orders by making permanent …
The Illinois General Assembly met last week in Special Session to pass legislation related to the COVID-19 pandemic. One of its priorities was to provide extended benefits to first responders and other front-line workers who are facing the threat of coronavirus exposure every day at work. Those changes to Chicago pensions, workers’ compensation, and PEDA benefits are detailed below, …
During its Special Session last week, the Illinois General Assembly did not decide when or how schools should open in light of the ongoing pandemic. However, the legislature did pass Senate Bill 1569, which made significant changes to the School Code in the event more school closures are needed. The bill also resolved certain teacher employment related issues that were …
by W. Anthony Andrews (Spring 2020 Newsletter) Employees dealing with issues of their health or their relatives’ health are entitled to job-protected leave under the Family and Medical Leave Act (FMLA). In a recent appellate decision, the court highlighted that employees are no longer necessarily required to give their employer direct notice of that need or desire in order to …
by Shawn Flaherty (Spring 2020 Newsletter) The 101st Legislative Session of the Illinois General Assembly just started its second year in January. The first year was a busy and productive session with single party control of the Governor’s office and both houses of the General Assembly. Governor J.B. Pritzker vetoed few bills, and several noteworthy public acts impacting the Illinois …
by Maureen A. Lemon (Spring 2020 Newsletter) Since the 2018 U.S. Supreme Court’s ruling in Janus v. AFSCME, public unions have sought to diminish the impact of that decision, which gave public employees the right to opt out of union membership. In a nod to Illinois public unions, Governor J.B. Pritzker signed into law Public Act 101-620 on December 20, …
by Carolyn Welch Clifford (Spring 2020 Newsletter) In a novel case decided earlier this year, the Illinois Appellate Court upheld the decision of a pension fund board of trustees to award line-of-duty surviving spouse benefits to the wife of a firefighter who died of cancer. In Village of Buffalo Grove v. Buffalo Grove Firefighters’ Pension Fund and Kim Hauber, 2020 …
