How Does Organ Donation Leave Work in Illinois?
Illinois will require covered employers to provide organ donation leave All employees, including part-time employees, regardless of hours worked, with compensation calculated using the employee’s average daily pay over the prior two months of employment. Previously, this entitlement applied only to full-time employees.
- Covered employers: Private employers, local government units, and election authorities
- Eligible employees: All employees, including part-time employees, regardless of hours worked
- Up to 10 days of leave within any 12-month period for organ donation
- Applies to major organ donations, including kidney, liver, lung, pancreas, intestine, bone, and skin
- Blood Donation Leave: 1 hour of paid leave every 56 days for blood donation
- Organ donation leave is treated as paid leave under current practice
- Employers cannot require employees to use accrued sick or vacation time before using donor leave
- Employer authorization is required
- Medical documentation may be requested
- Retaliation for taking donor leave is prohibited
Remote will provide organ donation leave to all Illinois employees, including part-time workers, and apply the statutory compensation formula for part-time employees beginning January 1, 2026.
The Act does not define part-time status. In practice, this means any employee working fewer than full-time hours would likely qualify, regardless of schedule or weekly hours.
Pay must be calculated using the employee’s average daily pay over the previous two months of employment. Employers should ensure payroll systems can support this calculation.
The statute does not specify documentation requirements, and state regulations have not been updated since 2006. Employers should take a reasonable, minimal documentation approach until further guidance is issued.
