The Illinois Employee Sick Leave Act, which was originally enacted in 2017, was amended in both 2021 and 2022.
The 2021 amendment went into effect April 27, 2021 and requires employers to allow employees to take personal sick leave for absences due to “personal care” of a covered family member. “Personal care” is defined as “activities to ensure that a covered family member’s basic 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 himself or herself. ‘Personal care’ 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.” 820 ILCS 191/5.
The 2022 amendment goes into effect January 1, 2023 and provides that the rights under the Employee Sick Leave Act “serve as the minimum standard in a negotiated collective bargaining agreement.” 820 ILCS 191/21.
As a friendly reminder, the Act does not require Illinois employers to provide any sick leave and if provided, employers may limit the amount of sick leave used for the care of family members to half of an employee’s annual sick leave benefits. Please contact a member of the Labor and Employment Group at AGHL with any questions: Jim Pirages, Eileen Caver, Evan Bonnett or Maryjo Pirages Reynolds.
