Employee Sick Leave Act FAQs

The Frequently Asked Questions (FAQs) provided below highlight topics and specific questions that are often asked of the Illinois Department of Labor (IDOL). The information provided in the FAQs is intended to enhance public access and understanding of IDOL laws, regulations and compliance information.

The FAQs should not be considered a substitute for the appropriate official documents (i.e. statute and/or administrative rules.) Individuals are urged to consult legal counsel of their choice. Court decisions may affect the interpretation and constitutionality of statutes. The Department cannot offer individuals legal advice or offer advisory opinions. If you need a legal opinion, we suggest you consult your own legal counsel. These FAQs are not to be considered complete and do not relieve employers from complying with applicable IDOL laws and regulations.

1. What is the Employee Sick Leave Act?
2. Does the ESLA require employers to provide paid sick leave to employees?
3. Who are covered family members?
4. What type of sick leave benefits does the Act require employers to allow employees to use to care for a covered family member?
5. How much personal sick leave time may an employee use to care for a covered family member?
6. What if an employee has used all their paid sick leave time? Does the ESLA provide employees with additional paid sick leave time to care for a covered family member?
7. Does the ESLA apply to other paid leave policies, such as vacation, PTO, or paid leave under the Paid Leave for All Workers Act?
8. What if an employee is covered by a collective bargaining agreement?
9. What kind of care does the Act cover?
10. Does an employer who has a paid sick leave or other paid leave policy that allows employees to use paid leave time to care for relatives need to modify that policy as a result of the Act?
11. Can an employer retaliate against an employee for taking leave to care for a relative?
12. Can an employee file a complaint if their employer denies their sick leave request for their own illness or medical care?
13. Can an employee file a complaint with the Illinois Department of Labor under the ESLA if an employer is not complying with the Family Medical Leave Act (FMLA)?
14. How can an employee file a complaint alleging a violation of the Act?

1. What is the Employee Sick Leave Act?

The Employee Sick Leave Act (“ESLA” or “the Act”) requires employers to allow employees to use at least a portion of the sick leave time that is already available to them, under certain existing employer policies, to care for covered family member.

2. Does the ESLA require employers to provide paid sick leave to employees?

No, the ESLA does not require employers to provide sick leave, either paid or unpaid, to employees. It only requires employers to allow employees to use a portion of their employer-provided sick time to care for covered family members.

3. Who are covered family members?

The ESLA defines “covered family member” as an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.

4. What type of sick leave benefits does the Act require employers to allow employees to use to care for a covered family member?

The Act intends for employees to be able to use “personal sick leave benefits” to care for a covered family member. This can include paid or unpaid sick leave policies offered by an employer, but it does not include short-term or long-term disability policies, for example.

5. How much personal sick leave time may an employee use to care for a covered family member?

The ESLA provides that an employee may use at least half of their personal sick leave benefits to care for a covered family member. Employers may allow employees to use more of their personal sick leave time benefits to care for a relative if they so choose, but it is not required.

6. What if an employee has used all their paid sick leave time? Does the ESLA provide employees with additional paid sick leave time to care for a covered family member?

Unfortunately, no. The ESLA requires an employer to allow employees to use at least half of their personal sick leave benefits to care for a covered family member. It does not require an employer to provide additional sick leave benefits if an employee uses all of their personal sick leave benefits.

7. Does the ESLA apply to other paid leave policies, such as vacation, PTO, or paid leave under the Paid Leave for All Workers Act?

The requirements of the ESLA only apply to employer-provided personal sick leave benefits. Thus, if an employer policy allows an employee to use their vacation, PTO, or paid leave for any reason of their choosing, then that paid leave policy is not considered a “personal sick benefit” and the ESLA does not apply as employees may use the paid leave for any reason, including to care for a covered family member.

8. What if an employee is covered by a collective bargaining agreement?

The ESLA does not exempt employees covered by a collective bargaining agreement. Section 21 of the Act states, “The rights afforded under this Act serve as the minimum standard in a negotiated collective bargaining agreement.” 820 ILCS 191/21(b). In other words, a collective bargaining agreement must comply with, at a minimum, the requirements of the ESLA.

9. What kind of care does the Act cover?

The ESLA allows employees to use their paid sick leave time toward the personal care of certain relatives when they are ill or injured. This can include, but is not limited to, taking a relative to a medical appointment, tending to a relative’s basic medical, hygiene, nutritional, or safety needs, or providing emotional support to a relative with a serious health condition who is receiving inpatient or home care.

10. Does an employer who has a paid sick leave or other paid leave policy that allows employees to use paid leave time to care for relatives need to modify that policy as a result of the Act?

No – as long as the policy provides at least as much time to care for a sick relative as the Act requires, and it allows employees to use that time to care for any of the family members specified in the Act.

11. Can an employer retaliate against an employee for taking leave to care for a relative?

No. The law prohibits retaliation against an employee who uses personal sick leave benefits to care for a relative as described above. Furthermore, an employer may not discriminate against an employee for filing a complaint alleging a violation of the Act with the Department of Labor.

12. Can an employee file a complaint if their employer denies their sick leave request for their own illness or medical care?

No. The ESLA only requires employers to allow employees to use at least half of their personal sick leave benefits to care for a sick relative. It does not require an employer to grant an employee’s own personal sick leave request.

13. Can an employee file a complaint with the Illinois Department of Labor under the ESLA if an employer is not complying with the Family Medical Leave Act (FMLA)?

No. The FMLA is a federal law that provides eligible employees with 12-weeks of unpaid leave under certain circumstances. If an employee believes their employer is not complying with the requirements of the FMLA, they should contact the U.S. Department of Labor.

14. How can an employee file a complaint alleging a violation of the Act?

An employee who believes his or her employer has violated the Act by not allowing him or her to use personal sick leave benefits in the manner described in the Act may file a complaint with the Department of Labor. Click here for the complaint form.

Employee Sick Leave Act FAQs

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