Illinois has enacted amendments to the Child Bereavement Leave Act, expanding the law's scope and renaming it the "Family Bereavement Leave Act" (FBLA). The amendments are effective Jan. 1, 2023, and the two major purposes are to: (1) expand the definition of family members covered by FBLA; and (2) include fertility-related losses in the acceptable reasons an employee may use leave under the FBLA.
Adopted in 2016, the Child Bereavement Leave Act required Illinois employers to grant employees 10 workdays of unpaid leave annually to grieve the death of a child.
Coverage
Under the FBLA, employees can take 10 workdays of unpaid leave annually to grieve the death of any "covered family member."
The law defines "covered family member" to include an employee's "child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent or stepparent." The law defines "domestic partners" broadly to include adults who are in a committed relationship, and they are not limited to legally recognized partnerships. Further, there is no requirement in the law that "covered family members" reside in the same household.
The FBLA also protects the need of Illinois employees to grieve losses that can be associated with fertility and starting a family. The FBLA requires employers to offer the annual unpaid bereavement leave to grieve failed pregnancies and adoptions. This includes: (i) miscarriages; (ii) unsuccessful rounds of intrauterine insemination...
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