On June 10, 2022, Illinois amended its Child Bereavement Leave Act (“CBLA”) to include unpaid leave for employees following an “unexpected lack of parenthood,” and deaths of other family members, including stepchildren, spouses, domestic partners, siblings, parents or stepparents, parents-in-law, grandchildren, or grandparents. The new legislation is known as the Family Bereavement Leave Act (“FBLA”).
Under the CBLA, bereavement leave was only available for the death of a child. “Child” was defined as “an employee’s son or daughter who is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis.” Under the new legislation, employees can now also take leave to grieve losses connected with fertility and starting a family. These losses include: (1) a miscarriage; (2) an unsuccessful round of an assisted reproductive technology procedure; (3) a failed adoption match or a contested adoption; (4) a failed surrogacy; (5) a diagnosis that negatively impacts pregnancy or fertility; or (6) a stillbirth.
FBLA Eligibility
The FBLA applies to employers with 50+ employees, and employees are only eligible for FBLA leave if they are also eligible under the Federal Family and Medical Leave Act (“FMLA”). Under the FMLA, employees must have worked for the company for at least 1,250 hours within 12 months. They also must work at a location where the company has 50 or more employees within 75 miles. If an employee chooses to take leave...
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