Illinois has enacted legislation (House Bill 158) that expands the state's Employee Sick Leave Act (ESLA). House Bill 158 is effective immediately.
Background:
The ESLA requires employers to allow their employees to use employer-provided sick leave benefits for absences due to, among other things, medical appointments of the employee's child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. The leave must be provided on the same terms upon which the employee is able to use personal sick leave benefits for their own illness or injury.
Note: The ESLA doesn't require employers to provide sick leave (although some local jurisdictions in the state do). Rather, the ESLA's requirements apply to employers that do provide sick leave.
House Bill 158:
House Bill 158 establishes that, under the ESLA, employees may also use employer-provided sick leave for a covered family member's "personal care," which is defined as activities to ensure that the family member's medical, hygiene, nutritional, or safety needs are met, or to provide transportation to medical appointments, for a covered family member who is unable to meet those needs themselves. It also means being physically present to provide emotional support to a covered family member with a serious health condition who is receiving inpatient or home care.
Compliance Recommendations:
Illinois employers that provide sick leave to employees should review their policies and practices to ensure compliance with House Bill 158. Supervisors should also be trained on how to handle leave requests that are covered by the law. Please contact your dedicated service professional with any questions.