Illinois Expands Paid Sick Leave Requirements
Update Applicable to:
All Illinois employers who offer paid sick leave benefits.
On April 27, 2021, Illinois Governor Pritzker signed House Bill 158 (HB 158), which amends the Employee Sick Leave Act (ESLA) to cover leave for a family member’s “personal care.”
What are the details?
The bill adds that employees may now use their accrued sick leave benefits for the use of covering a family member’s “personal care.” Personal care is defined to include: activities to ensure that the family member’s basic medical, hygiene, nutritional, or safety needs are met, or to provide transportation to medical appointments, for a family member who is unable to meet own needs, being physically present to provide emotional support to family members with a serious health condition who is receiving inpatient or home care.
Employers should remember that while Illinois does not require employers to provide paid sick leave, outside of Cook County and Chicago, it does place restrictions on how employers may treat employees who use a sick leave policy. For example, employers may restrict the amount of time employees may use the leave for family member care up to the amount of sick leave that would be earned or accrued during six months of the employee’s then-current rate of entitlement.
HB 158 can be found here.
An article going over these changes can be found here.
What do employers need to do?
Illinois employers should review and update their leave policies to include the newly added definitions for acceptable usage of leave.