Illinois Family Bereavement Act Broadens Leave Time Requirements for Employers

OVERVIEW

The Child Bereavement Leave Act has been amended to the Family Bereavement Leave Act, which broadens leave time requirements for employers with 50 or more employees. The Act requires up to 2 weeks (10 workdays) of unpaid leave for pregnancy loss, failed adoptions, unsuccessful reproductive procedures, and other events impacting pregnancy and fertility, and also expands the definition of covered family members.

FAMILY BEREAVEMENT LEAVE ACT

The Family Bereavement Leave Act which goes into effect January 1, 2023, requires employers with 50 or more employees in the state of Illinois to provide up to two weeks, or 10 working days, of unpaid leave for employees who experience a miscarriage, an unsuccessful round of intrauterine insemination or other assisted reproductive procedure, a failed or non-finalized adoption match, a failed surrogacy agreement, a diagnosis affecting fertility, or stillbirth. Employees can also utilize this time off to support a spouse or partner experiencing one of these losses. The leave must be completed within 60 days after the date the covered event occurred or the date the employee received notice.

Bereavement leave also now covers an expanded definition of a “covered family member” to include children, stepchildren, spouses, domestic partners, siblings, parents, parents-in-law, grandchildren, grandparents, or stepparents. Employers must provide ten days of leave to employees attending the funeral of a covered family member, making arrangements necessitated by the death of a covered family member, or grieving the death of a covered family member.

ACTION ITEM FOR EMPLOYERS

Employers should review their handbook policies regarding bereavement to verify inclusion of proper language for covered situations and covered family members to ensure compliance with the amended Family Bereavement Leave Act.

Please contact AGHL Law, LLC if you have any questions.