Illinois: Expansion of Bereavement Leave


All Employers with 50+ Employees


January 1, 2023


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SB 3120 creates the Family Bereavement Leave Act (FBLA), which will require employers with at least 50 employees to provide employees with up to 10 days of unpaid leave for bereavement. Eligible employees may take leave for a miscarriage, an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure like artificial insemination or embryo transfer, failed adoption match or a contested adoption, or a diagnosis that negatively impacts pregnancy or fertility, or a stillbirth.


Like the FMLA, employees are eligible after 12 months of employment and at least 1,250 hours worked within the previous 12-month period. There is no right to take unpaid that is more than what is allowed under the FMLA. Employers may ask for reasonable documentation but are barred from asking employees the specific category of the event requiring the leave. The Illinois Department of Labor is preparing a form for healthcare professionals to use that will verify the need for leave under the FBLA without identifying the specific reason why.


The FBLA further expands bereavement leave by adding to what was previously known as the Child Bereavement Leave Act. Instead of a right to bereavement leave due to the loss of a child, it now extends to the loss of a “covered family member”: a child, stepchild, spouse, domestic partner, sibling, parent, parent-in-law, grandchild, grandparent, or stepparent. Employers should continue to monitor bereavement leave in general as similar legislation is on the horizon in other states.


Action Items

  1. Review the FBLA here.
  2. Review and revise existing bereavement leave policies.
  3. Have appropriate personnel trained on leave protections and requirements.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.


Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2022 ManagEase