On June 9, 2022, Governor JB Pritzker signed the Family Bereavement Leave Act (SB3120) into law, expanding unpaid bereavement leave available to employees in Illinois.
The Family Bereavement Leave Act – an amendment to the Child Bereavement Leave Act – would require employers with at least 50 employees to provide up to 10 days of unpaid leave to employees who are absent due to:
(1) A miscarriage;
(2) An unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure (e.g., artificial insemination or embryo transfer);
(3) A failed adoption match or an adoption that is not finalized because it is contested by another party;
(4) A diagnosis that negatively impacts pregnancy or fertility; or
(5) A stillbirth.
Like the Family and Medical Leave Act of 1993 (FMLA),1 employees become eligible for unpaid bereavement leave under the Family Bereavement Leave Act after 12 months of employment and at least 1,250 hours worked within the previous 12-month period. It also permits, but does not require, employers to request reasonable documentation in response to an employee’s request for unpaid bereavement leave. However, the employer is prohibited from requiring the employee to specifically identify whether the leave pertains to a miscarriage, a failed adoption or any other category of event set forth in the Act, even if the employer requires the employee to provide documentation. In such a case, employers should anticipate receiving a form from the...
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