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Illinois Leave Laws

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In addition to the benefits of the Federal FMLA, public employees in the State of Illinois may be entitled to leave in order to serve as an organ donor; and sick leave through a sick leave bank.

If you are considering taking leave, consult with your Human Resource Office for additional details - preferably with a supervisor.

ORGAN DONOR LEAVE ACT

Who Is Eligible?

You are entitled to take leave under the Organ Donor Leave Act if:

  • You are a permanent employee of any branch, department, board, committee or commission of the State government (limitation: this law does not include local government, school districts, or boards of election commissioners);
  • You have been employed in such position for a period of 6 months or more; and
  • You are donating an organ, bone marrow, blood, or blood platelets.

 What Leave Am I Entitled To? 

After obtaining approval from your employer, you may use:

  • Up to 30 days of leave in any 12-month period to serve as a bone marrow donor;
  • Up to 30 days of leave in any 12-month period to serve as an organ donor;
  • Up to 1 hour to donate blood every 56 days, and
  • Up to 2 hours to donate blood platelets (leave under this provision may not be granted more than 24 times in a 12-month period).

SICK LEAVE BANK ACT

Who Is Eligible?

You are entitled to deposit and withdraw from the sick leave bank if:

  • You are a permanent employee of any branch, department, board, committee or commission of the state government (this does not include local government, school districts, or boards of election commissioners);
  • You have been employed in such position for a period of 6 months or more; and
  • You have voluntarily enrolled in the sick leave bank by depositing at least one full day of accrued sick leave. 

What Does The Sick Leave Bank Act Provide? 

Eligible employees may deposit accrued sick leave in a sick leave bank. Eligible employees may later make withdrawals from the agency's sick leave bank if they have used up their own accrued vacation time, personal days, sick leave and compensatory time. 

How Much Sick Leave May I Deposit? 

You can deposit as much accrued sick leave as you want, provided that you retain at least 5 sick days for yourself. 

When Can I Withdraw Sick Days? 

You can withdraw sick leave days from the bank only to use in connection with your own "catastrophic illness or injury." You can not withdraw sick leave days for a family member's illness or injury OR for injuries or illnesses that are compensable under the State's Workers' Compensation Act. 

What If I Transfer Agencies? 

If you move from one state agency to another, you may transfer your participation in the sick leave bank.

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY 

 


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