Beginning January 1, 2026, Illinois will expand the state’s Blood and Organ Donation Leave Law to include paid leave for part-time employees for organ donation. This new requirement, enacted through House Bill 1616, applies to private employers with 51 or more employees and to all public employers in the state.
Background
Currently, Illinois law requires covered employers to provide up to one (1) hour, or more paid leave if authorized by the employer or a collective bargaining agreement, to donate blood every 56 days and allow eligible employees to use up to 10 days of leave in a 12-month period to serve as organ donors. The law previously applied only to full-time employees who had been employed by the employer for at least six (6) months.
Key Change: Paid Leave for Part-Time Employees
Effective January 1, 2026, covered employers will be required to provide paid leave to part-time employees who serve as organ donors.
- Eligibility. Part-time employees who donate organs on or after January 1, 2026 are eligible. Notably, the bill does not provide a definition of “part-time employee.” Given that the prior law defined “full-time employee” as having been employed for six (6) months, it may be presumed that part-time employees would be any employee who works for any period of time for a covered employer.
- Pay During Leave. Part-time employees must be paid at a rate equal to their average daily pay over the previous 60 days of employment during the leave period. However, full-time employees remain entitled to use leave under existing provisions. The amendment does not clarify whether full-time employees are now entitled to paid leave or if the intent is simply that they may use other available paid leave for this purpose.
Although the Act states its intent is to provide paid leave, the statutory language and accompanying regulations do not clearly mandate payment for full-time employees, leaving employers unsure of their legal obligation. However, additional regulatory guidance from the Illinois Department of Labor (DOL) is anticipated prior to the effective date.
Next Steps for Employers
To prepare for compliance with the updated requirements by January 1, 2026, employers should:
- Review and Update Leave Policies: Update your employee handbook and leave policies to reflect the expanded coverage and the paid leave requirement for part-time employees.
- Stay Informed: Employers should also monitor IDOL communications for clarification on their intent with respect to paying full-time employees and how they define part-time employees.
- Coordinate with Payroll: Ensure payroll systems are updated to calculate average daily pay over the preceding 60 calendar days for eligible part-time employees.
- Identify Eligible Employees: Audit your workforce to identify which employees are classified as part-time under your internal policies and state law definitions.
- Train HR Personnel and Supervisors: Educate human resource staff, managers, and supervisors on the new requirements to ensure consistent handling of blood and organ donation leave requests and pay calculations.
- Communicate Upcoming Changes: Consider developing a communication plan to inform part-time employees of their rights under the revised law before the effective date.
