HR Alert

Illinois Amends Employee Sick Leave Act

Various Provisions Amended

Illinois has amended various provisions of its Employee Sick Leave Act.

Background
The Illinois Employee Sick Leave Act 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.

Amended Law
Among other things, highlights of the amended law include the following:

  • Definition. The term "personal sick leave benefits" means any paid or unpaid time available to an employee as provided through an employment benefit plan or paid time off policy to be used as a result of absence from work due to a personal illness, injury, or medical appointment.
    Note: An employment benefit plan or paid time off policy does not include long term disability, short term disability, an insurance policy, or other comparable benefit plan or policy.
    Use of Leave. An employee may use personal sick leave benefits provided by the employer for absences due to an illness, injury, or medical appointment of the employee's child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent--on the same terms upon which the employee is able to use personal sick leave benefits for the employee's own illness or injury.
    Written Verification. An employer may request written verification of the employee's absence from a health care professional if such verification is required under the employer's employment benefit plan or paid time off policy.
    Limit on Use of Sick Leave. For employers who base personal sick leave benefits on an employee's years of service (instead of annual or monthly accrual), such employers may limit the amount of sick leave to half of the employee's maximum annual grant.
    Exemptions. Certain employees are exempt from the law, including employees of an employer subject to Title II of the federal Railway Labor Act. Additionally, the law may not be construed to invalidate, diminish, or otherwise interfere with any collective bargaining agreement, nor may it be construed to invalidate, diminish, or otherwise interfere with any party's power to collectively bargain such an agreement.

Click here to read the text of the amended law. The amendments are currently in effect.


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