On Friday, June 10, 2022, Governor Pritzker signed into law the Family Bereavement Leave Act (FBLA), which amends Illinois’ Child Bereavement Leave Act of 2016 (CBLA). Under the CBLA, an employer covered by the Family Medical Leave Act (FMLA) currently is required to provide an FMLA-eligible employee with up to 10 working days of unpaid bereavement leave to attend the funeral of, make arrangements necessitated by the death of, or to grieve the death of, the employee’s child. With the FBLA amendment, employees will be eligible for leave relating to the loss of additional family members and for the loss of a planned family addition. The FBLA will be effective on January 1, 2023.
Under the FBLA, an employer must provide up to two weeks (10 working days) of unpaid leave to FMLA-eligible employees who are grieving the loss of a covered family member or event. The FBLA includes in the definition of “covered family member” an employee’s spouse, domestic partner, sibling, parent, parent-in-law, grandchild, grandparent, stepparent, or child. The FBLA also requires an employer to provide leave for certain events, including a miscarriage, an unsuccessful round of intrauterine insemination (or other type of assisted reproduction), a failed adoption, a failed surrogacy, a stillbirth, or a diagnosis that negatively impacts fertility. As with the original law, the FBLA will not require employers to provide employees with more unpaid leave than that available under the FMLA.
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