On August 19, 2016, Illinois Governor Bruce Rauner signed into law The Employee Sick Leave Act (the Act) which goes into effect on January 1, 2017. Under the Act 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, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent 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.
According to the new law:
· “Personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness, injury, or medical appointment but does not include absences from work for which compensation is provided through an employer’s plan.
· An employer may limit the use of personal sick leave benefits to an amount not less than the personal sick leave that would be accrued during six months at the employee’s then current rate of entitlement.
· An employer who has a paid time off policy that meets the requirements of the Act is not required to modify its current policy.
· The Act does not extend the maximum period of leave to which an employee is entitled under the Family Medical Leave Act regardless of whether the employee receives sick leave compensation during that leave.
· An employer may provide greater benefits than what is required under the Act.
· An employer shall not deny an employee the right to use personal sick leave benefits in accordance with this Act or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using personal sick leave benefits, attempting to exercise the right to use personal sick leave benefits, filing a complaint with the Illinois Department of Labor or alleging a violation of this Act, cooperating in an investigation or prosecution of an alleged violation of this Act, or opposing any policy or practice or act that is prohibited by this Act.
Illinois employers should update any Paid Sick Time policies to reflect the expanded reasons for use, and should train managers and supervisors on this update to ensure the policy is implemented properly.