Yes, we believe that an employer offering unlimited sick leave to its employees also must provide unlimited sick leave to care for an eligible family member — a child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.

In general, the Employee Sick Leave Act requires employers to allow employees to use at least half of their annual personal sick leave allotments for purposes of caring for eligible family members. However, if an employer provides unlimited sick leave, we do not believe it would be possible to “halve” that amount and provide a limited amount of sick leave for purposes of caring for an eligible family member. In such cases, we believe that the employer would be required to provide unlimited sick leave to an employee for purposes of caring for eligible family members.

For resources related to our guidance, please see:

• Employee Sick Leave Act, 820 ILCS 191/5 (“‘Personal sick leave benefits’ means any paid or unpaid time available to an employee as provided through an employment benefit plan or paid time off policy to be used as a result of absence from work due to personal illness, injury, or medical appointment. . . .”)

• Employee Sick Leave Act, 820 ILCS 191/10(a) (“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, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, on the same terms upon which the employee is able to use personal sick leave benefits for the employee’s own illness or injury. An employer may request written verification of the employee's absence from a health care professional if such verification is required under the employer's employment benefit plan or paid time off policy.”)

• Employee Sick Leave Act, 820 ILCS 191/10(b) (“An employer may limit the use of personal sick leave benefits provided by the employer for absences due to an illness, injury, or medical appointment of the employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent to an amount not less than the personal sick leave that would be earned or accrued during 6 months at the employee’s then current rate of entitlement. For employers who base personal sick leave benefits on an employee’s years of service instead of annual or monthly accrual, such employer may limit the amount of sick leave to be used under this Act to half of the employee’s maximum annual grant.”)
   
• Employee Sick Leave Act, 820 ILCS 191/20 (“Nothing in this Section prohibits an employer from applying the terms and conditions set forth in the employment benefit plan or paid time off policy applicable to personal sick leave benefits.”)