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SB 3188

EMPLOYEE BLOOD DONATION-LEAVE

104th Regular Session Introduced by Sara Feigenholtz

The bill guarantees paid or unpaid leave for blood donation every 56 days and up to 10 days of organ-donor leave per year, with wage protection for part-time workers when organ don

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Bill Summary · SB 3188

Bill Summary: SB 3188 (104th General Assembly, Illinois)

Title

EMPLOYEE BLOOD DONATION-LEAVE

Purpose and Intent

SB 3188 amends the Employee Blood Donation Leave Act to expand and clarify paid and unpaid leave entitlements for employees who donate blood or serve as organ donors. The bill sets specific leave provisions, including unpaid leave options when paid leave is unavailable, and adds rules for organ-donor leave, with special considerations for part-time employees and employer policies.

Key Provisions

Blood donation leave

  • For blood donation:
    • An employee may use up to one hour of available paid leave to donate blood every 56 days, in line with medical standards established by recognized organizations (e.g., American Red Cross, America's Blood Centers, American Association of Blood Banks, or similar standards).
    • If the employee does not have available paid leave, the employee is entitled to one hour of unpaid leave every 56 days to donate blood.
    • Employers may authorize more than one hour of paid leave per 56-day period through a policy or collective bargaining agreement.

Organ donation leave

  • For organ donation:
    • An employee (including part-time employees) may use up to 10 days of leave in any 12-month period to serve as an organ donor.
    • Leave for organ donation is unpaid unless:
    • The employer has a policy providing paid organ-donor leave, or
    • The employee has available paid leave and chooses to substitute it for unpaid leave.
    • If the employer has no paid leave policy and the employee lacks enough available paid leave to cover the absence, the employee is entitled to up to 10 days of unpaid leave in a 12-month period to donate an organ.
    • For part-time employees using organ-donor leave, employers must pay the employee the daily average wage earned over the previous 2 months of employment for the days of leave used.
    • Approval from the employer is required before using leave under this subsection.

Administrative and procedural rules

  • The Department is tasked with adopting rules governing leave for blood or organ donation, including:
    • Conditions and procedures for requesting and approving leave.
    • Requiring medical documentation of the proposed donation before employer approval.

Who is Affected

  • Participating employees covered by the Employee Blood Donation Leave Act.
  • Part-time employees covered by the act, who receive a daily-average wage calculation for organ-donor leave.
  • Employers subject to the act (potentially including both private and public employers depending on statutory scope and any existing exemptions).
  • The Department (for rulemaking) to establish implementation procedures and documentation requirements.

Timeline and Process

  • Provisions become effective as part of the Act once enacted (specific effective date tied to the statute, including references to prior amendments).
  • The Department is required to issue rules for:
    • Request and approval processes for blood and organ donation leaves.
    • Medical documentation requirements prior to approval.

Practical Implications

  • Employees who need to donate blood have explicit paid leave options every 56 days, with unpaid leave available if paid leave is exhausted.
  • Employees who are organ donors have up to 10 days of leave per 12 months, with unpaid leave default unless a policy provides paid leave or the employee has available paid leave to substitute.
  • Part-time employees receive wage protection when using organ-donor leave, based on their previous 2 months’ daily average pay.
  • Employers may establish more generous leave policies through internal policies or collective bargaining agreements.
  • Administrative requirements emphasize documentation and employer-approved leave.

Summary

SB 3188 strengthens leave rights for employees involved in blood donation and organ donation by codifying:
- Regular, period-based blood-donation leave with paid and unpaid options.
- Up to 10 days of organ-donor leave per year, with paid leave substitution where policy or available leave permits, and wage protection for part-timers.
- Departmental rulemaking to standardize requests, approvals, and medical documentation.

Compiled from official sources — confirm details with the bill’s official record.

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