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We currently offer each employee seven sick days to use for their own personal illness or injury. We also offer seven personal days and two weeks’ vacation that employees may use for the illness or injury of family members. Under the new Illinois Employee Sick Leave Act, do we need to amend our current policy of requiring that sick days are for employee illness only? – IBA Compliance Connection

We currently offer each employee seven sick days to use for their own personal illness or injury. We also offer seven personal days and two weeks’ vacation that employees may use for the illness or injury of family members. Under the new Illinois Employee Sick Leave Act, do we need to amend our current policy of requiring that sick days are for employee illness only?

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No, you do not need to modify your current policy of requiring that employees use their sick days only for their own illness or injury. Under the Illinois Employee Sick Leave Act, effective January 1, 2017, an employee may use their sick leave for the illness, injury or medical appointments of close relatives. However, an employer who has a paid time off policy that otherwise provides employees with time to care for sick relatives is not required to modify their policy.

For resources related to our guidance, please see:

  • Public Act 099-0841 (“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.”)
  • Public Act 099-0841 (“An employer who has a paid time off policy that would otherwise provide benefits as required under subsections (a) and (b) shall not be required to modify such policy.”)