HR Alert

Illinois Enacts Employee Sick Leave Act

Law Effective January 1, 2017

A new law in Illinois allows an employee to use personal sick leave benefits provided by an employer for absences due to illnesses, injuries, or medical appointments of certain family members of the employee.

Personal Sick Leave Benefits
Under the new law, the term "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to a personal illness, injury, or medical appointment--but does not include absences from work for which compensation is provided through an employer's plan.

Use of Leave
An employee may use personal sick leave benefits provided by an employer for absences due to illnesses, injuries, or medical appointments of certain family members of the employee (e.g., children, siblings, or parents, among other family members)--for reasonable periods of time as the employee's attendance may be necessary--on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury.

An employer may limit the use of personal sick leave benefits provided by the employer for absences due to illnesses, injuries, or medical appointments of certain family members of the employee (e.g., children, siblings, or parents, among other family members) to an amount not less than the personal sick leave that would be accrued during 6 months at the employee's then current rate of entitlement.

Note: An employer who has a paid time off policy that would otherwise provide benefits as required above is not required to modify such policy.

Other Provisions
The law does not prevent an employer from providing greater sick leave benefits than are provided for under the law. The law also does not extend the maximum period of leave to which an employee is entitled under the federal Family and Medical Leave Act, regardless of whether the employee receives sick leave compensation during that leave.

Additionally, an employer may not deny an employee the right to use personal sick leave benefits in accordance with the law or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for (among other things) using personal sick leave benefits or attempting to exercise the right to use personal sick leave benefits.

The law is effective January 1, 2017. Click here to read the text of the law.


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