SILVIS - A change in Illinois law that removes the limit on paid sick leave teachers can use for the birth or adoption of a child may lead to litigation in at least one Rock Island County school district.

The law formerly limited the amount of paid sick leave a teacher could take for the birth of a child to the time a doctor had the teacher on medical leave -- usually six to eight weeks.

A teacher could take additional unpaid leave under the Family Medical Leave Act, unless their contract provided for more paid leave.

The law was revised in August 2007 to allow paid leave for adoption. When the law was rewritten, however, the limit on the number of paid sick days that could be used was excluded.

Since the revised law went into effect, two teachers in the Silvis School District were given six weeks off for the birth of a child. They both used paid sick leave for the absences.

Both also took six weeks of additional unpaid leave. Now both want their unpaid time off to be reimbursed with their sick leave, based on their union's interpretation of the revised law.

The teachers -- whose names were not being released by the school district -- are represented by the Illinois Education Association, or IEA.

Jeff Conrad, IEA UniServ director, said it is the IEA's position that the law no longer limits the number of paid sick days that can be used.

"It is nothing personal. We just have to uphold the law, and a district cannot write a contract that restricts the law," he said.

"It is the district's position that we disagree with the IEA's interpretation of the law," said Silvis superintendent Ray Bergles.

"We received a letter from the IEA saying if we did not follow along there would be legal implications, probably a class action-type of lawsuit since we are not the only district involved in this."

In fact, the letter to Mr. Bergles from IEA associate general counsel Ron Stradt said if the two teachers were not notified they could use the sick leave by Feb. 6, he intended to file a civil suit against Mr. Bergles and the Silvis School Board.

The district isn't allowing the teachers to claim additional paid leave.

Mr. Conrad wouldn't say how many districts or teachers the union is working with on this issue, but did say it is "no huge number." He said none of the teachers have asked for an excessive amount of time off, and it is usually a few more weeks than they normally would have been allowed. "No one has asked for a whole year," he said.

Mr. Bergles said the intent of the revised law was not to extend the amount of sick leave a teacher could use for a birth or adoption. Instead, he said it was simply to give teachers who adopt a child the same rights as ones who give birth.

He said the district does not have a problem giving teachers time off for the birth or adoption of a child. The issue the district has is with teachers being able to use a majority or all of their accrued sick leave.

He said the Silvis district gives its teachers more sick leave than any other Rock Island County school district, a total of 20 days a year. Teachers also get two personal days a year that if they don't use, turns into sick leave.

"That means a teacher who is around 10 years, they could have over 200 days of sick leave. According to the IEA, if a teacher wanted to take all of that time, they could take more than a full year off from school and get paid for it," he said.

If that happened, the district would have to pay the teacher and a substitute. "When we are talking about a full year or a full semester, that is a lot of money. I'm not sure anywhere in the world people are allowed that much time," Mr. Bergles said.

"I think a lot of us are very worried and upset that the IEA would actually believe this is good," he added.

The district wrote a response to Mr. Stradt stating it believes the house bill never intended to or requires unlimited use of sick leave for childbirth or adoption.

The letter also states that Silvis does not believe it is required to alter a long-established and clearly understood past practice with respect to childbirth.

"If the Silvis Education Association wishes to alter the district's current policies with respect to leave for childbirth, it must do so through the negotiation process," the letter says.

Mr. Conrad has not seen the letter from Silvis yet, so he can't respond. "My hope is that there will be some meeting of the minds because this is a statewide law. All we want is the law applied as it is written."

Mr. Bergles said he is waiting to see if litigation is brought against him and the Silvis School Board.

"We do like the teachers who are doing this. They are very good teachers and very good people. We just disagree with what they are doing. That's all," Mr. Bergles said.

He added that the district has no problem with a teacher taking off time that is medically necessary. "I think six weeks or more depending on what the doctor says has been standard in and out of education, and in the business world, too. I think there is a reason for that," Mr. Bergles said.

"To be honest, it hurts our students when our very good teachers are not in the classroom teaching. That is nothing bad to say about substitutes, but you hire these teachers because you believe in then, because they are very, very good teachers, and you want them in the classroom."