SB3188 104TH GENERAL ASSEMBLY

LRB104 18322 SPS 31762 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3188

Introduced 2/2/2026, by Sen. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

820 ILCS 149/10

Amends the Employee Blood Donation Leave Act. Provides that an employee who does not have available paid leave is entitled to take one hour of unpaid leave every 56 days to donate blood. Provides that the leave to serve as an organ donor is unpaid unless the employer has a policy allowing the leave to be paid or unless the employee has available paid leave. Provides that, if the employer does not have a policy providing paid leave and the employee does not have enough available paid leave to cover the absence, the employee is entitled to up to 10 days of unpaid leave in any 12-month period in order to serve as an organ donor. Makes other changes.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Employee Blood and Organ Donation Leave Act is amended by changing Section 10 as follows:

(820 ILCS 149/10)

Sec. 10. Leave Paid leave for blood and organ donation; administration.

(a) On request, a participating employee subject to this Act may be entitled to leave with pay to donate blood or an organ.

(b) A participating employee may use up to one hour of available paid leave, or more if authorized by the employer through a policy or a collective bargaining agreement, to donate blood every 56 days in accordance with appropriate medical standards established by the American Red Cross, America's Blood Centers, the American Association of Blood Banks, or other nationally recognized standards. An employee who does not have available paid leave is entitled to take one hour of unpaid leave off every 56 days to donate blood.

(b-5) A participating employee or part-time employee of an employer may use up to 10 days of leave in any 12-month period to serve as an organ donor. The leave to serve as an organ donor is unpaid unless the employer has a policy allowing the leave to be paid or unless the employee has available paid leave, in which case, employees can choose to substitute available paid leave for the unpaid leave. If the employer does not have a policy providing paid leave and the employee does not have enough available paid leave to cover the absence, the employee is entitled to up to 10 days of unpaid leave in any 12-month period in order to serve as an organ donor. For a part-time employee using leave under this subsection, the employer shall calculate the daily average pay the part-time employee received during his or her previous 2 months of employment and compensate the part-time employee in the amount of the daily average pay for the leave days used.

(c) A participating employee or part-time employee may use the leave authorized in subsection (b) or (b-5) of this Section only after obtaining approval from the employer.

(d) The Department must adopt rules governing leave taken to donate blood or an organ, including rules that (i) establish conditions and procedures for requesting and approving leave and (ii) require medical documentation of the proposed blood or organ donation before leave is approved by the employer.

(Source: P.A. 103-450, eff. 1-1-24; 104-193, eff. 1-1-26.)