Section 985.100  Definitions

 

The following terms have the meaning ascribed to them whenever the term is used in this Part:

 

                        Act – the Employee Blood Donation Leave Act [820 ILCS 149].

 

            Blood – whole human blood or components of human blood, including plasma,      that are prepared from whole human blood by physical rather than chemical           processes, but does not include blood derivatives manufactured or processed for     industrial use. (Section 2-128 of the Illinois Clinical Laboratory and Blood Bank Act [210 ILCS 25])

 

            Blood bank – any institution, building, or place that provides, through its   ownership or operation, a system for the collection, processing, storage, distribution, or administration of whole human blood or its component parts. (Section 2-124 of the Illinois Clinical Laboratory and Blood Bank Act [210 ILCS   25])

 

            Board of Election Commissioners – board established under Article 6 or Article    6A of the Election Code [10 ILCS 5].

 

Department – the Illinois Department of Public Health. (Section 3 of the Act)

 

Employer – any unit of local government; any board of election commissioners; or any private employer in the State who has 51 or more employees. (Section 3 of the Act)

 

            Industrial use – use of blood in which the blood is modified by physical or chemical means to produce derivatives for therapeutic or pharmaceutic            biologicals and laboratory reagents or controls. (Section 2-131 of the Illinois           Clinical Laboratory and Blood Bank Act [210 ILCS 25])

 

                  "Municipalities" – cities, villages and incorporated towns.

 

            Participating employee – a full-time employee who has been employed by an         employer for a period of six months or more and who donates or attempts to        donate blood. (Section 3 of the Act)

 

            "Unit of local government" – counties, municipalities, townships, special districts,            and units, designated as units of local government by law, that exercise limited             governmental powers or powers in respect to limited governmental subjects, but   does not include school districts.

 

Section 985.200  Referenced Materials

 

The following materials are referenced in this Part:

 

State of Illinois Statutes

 

a)         Election Code [10 ILCS 5]

 

b)         Blood Donation Act [210 ILCS 15]

 

c)         Illinois Clinical Laboratory and Blood Bank Act [210 ILCS 25]

 

Section 985.300  Employer Policy

 

a)         An employer has the authority to establish a policy allowing participating  employees paid leave to donate or attempt to donate blood in accordance with Section 985.400.  The employer's policy may reference the nationally recognized medical standards for blood donation eligibility of the community blood bank as operated by the American Red Cross, America's Blood Centers, the American Association of Blood Banks, or other blood bank.

 

b)         If the employer has adopted a policy authorizing paid leave for blood donation, then any participating  employee 17 years of age or older may donate blood, if the donation be completely voluntary, without the necessity of obtaining the permission or authorization of his or her parent or guardian. Any participating  employee 16 years of age may donate blood, if that employee obtains written permission or authorization from his or her parent or guardian. (Section 1 of the Blood Donation Act [210 ILCS 15/1])

 

c)         This Part does not affect agreements entered into between the employer and the employee's exclusive representative for collective bargaining purposes.

 

d)         The employer's policy shall include whether the one-hour period may be retained by the employee if the attempt to donate blood is unsuccessful, as determined by the blood bank.

 

Section 985.400  Procedure for Leave

 

a)         If the employer allows paid leave for blood donation, then the participating employee shall submit to the employer a request for leave before donating or attempting to donate blood.  After receiving approval from the employer for the paid leave, a participating employee may be entitled to use one hour or less of leave to donate or attempt to donate blood every 56 days or more.

 

b)         A participating employee also shall submit to the employer the medical documentation of the appointment to donate before donating or attempting to donate blood.  The medical documentation shall be submitted with the request for leave.  The medical documentation may consist of a written statement from the blood bank indicating that the participating employee has an appointment to donate or attempt to donate blood.

 

c)         The employer may request that the participating employee provide a written statement from the blood bank confirming that the employee kept the appointment.

 

Section 985.500  Impact on Accumulated or Future Benefit Time

 

If the employer adopts a policy allowing paid leave for blood donation, then a participating  employee will not be required to use accumulated or future sick or vacation benefit time for the period used to donate or attempt to donate blood. 

 

Section 985.600  Grievance

 

If a participating employee is charged leave or denied leave for blood donation or attempted blood donation by an employer who has established a policy of paid leave for blood donation, the employee may seek to remediate the dispute through the employer's established grievance procedure or through the grievance procedure agreed to between the employer and the employee's exclusive representative for collective bargaining purposes.  Upon adopting a blood leave policy under this Part, an employer shall also adopt a grievance procedure, if non exists, for remediation of possible blood-leave disputes.