The Family Bereavement Leave Act

The Family Bereavement Leave Act became effective January 1, 2023. 820 ILCS 145/1 et seq. In 2016, Public Act 099-0703 had created the Child Bereavement Leave Act, which granted bereavement leave to family members for the loss of a child.?

The newly enacted Family Bereavement Leave Act states, “all employees shall be entitled to use a maximum of two weeks (10 work days) of unpaid bereavement leave...” 820 ILCS 145/10. Definitions have been expanded for some terms, including “covered family member(s),” and “assisted reproduction.” 820 ILCS 145/5.

For example, the statute now provides a definition of “assisted reproduction” which includes (and applies to the Family Bereavement Leave Act) an embryo conceived through artificial insemination, including gamete and embryo donation. 820 ILCS 154/4.

“Covered family member(s)” includes, among other members, mother-in-law, father-in-law, grandparent, domestic partners, step-parents, and even a person standing in loco parentis.?

The expanded Family Bereavement Leave Act applies to employers and employees subject to the federal Family and Medical Leave Act (29 U.S.C 2601 et. seq.), and requires notice, and reasonable documentation if requested by the employer. 820 ILCS 154/10(c) and (d).

The Illinois Department of Labor Acting Director, Jane R. Flanagan, stated in a press release dated December 19, 2022, “workers who experience the death of a loved one or other kinds of loss such as a miscarriage or failed adoption, should be able to grieve without the fear of losing their job.”?

As clients may be unaware of the new law, it may be advisable to reference it in your client newsletters, or other public service venues. Be sure to include the notice requirements [Section 10(c)], and note that the leave is unpaid.