Illinois Amends Blood and Organ Donation Leave Law

Illinois has recently amended its organ donation leave law through HB 1616. The law applies to private employers with 51 or more employees and to all public employers in the state of Illinois. The law initially required covered employers to provide full-time employees who have been employed for six months up to 1 hour paid leave to donate blood every 56 days and allow eligible employees serving as organ donors up to 10 days of leave in a 12-month period. 

What has Changed? 

Under the amendment, starting Jan. 1, 2026, covered employers will also be required to provide paid leave to part-time employees who are serving as organ donors. The law does not define a part-time employee but does indicate that 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. 

Issues with the Statutory Language 

Unfortunately, although the Legislature stated its intent was to provide paid leave for organ donation, the language of the statute is unclear on that point. While it outlines pay for part time employees, it does not clearly indicate pay for full time employees and could leave up to question whether a full-time employee’s leave must be paid through a PTO program or other paid leave program provided by law or the employer.  

Covered employers should keep an eye out for additional guidance from the Illinois Department of Labor which is expected before the Jan. 1, 2026 effective date.  

Next Steps for Employers

To prepare for compliance with the new amendments to the law, Illinois employers should review their leave policies and handbooks to reflect the expanded coverage and payment requirements. Human resources and managers should be made aware of the changes as well and trained to ensure consistent handling of leave requests and paid leave payments. 

Given the ambiguity of the statutory language, employers may want to consult with counsel if presented with a claim for paid organ donation leave prior to any further guidance from the Illinois Department of Labor.