On June 9, 2022, Illinois Governor J.B. Pritzker signed into law SB3120 (the “Amendment”) that offers unpaid bereavement leave for employees dealing with the physical and mental toll of pregnancy loss, unsuccessful fertility treatment, and failed adoption or surrogacy arrangements.
The legislation amends the Illinois Child Bereavement Leave Act in a number of ways, including changing the law’s title to the “Family Bereavement Leave Act” (the “Act”). The Amendment will take effect on January 1, 2023.
The Act covers only those Illinois employers subject to the federal Family and Medical Leave Act of 1993 (FMLA), meaning that Illinois employers with fewer than 50 employees in a 75-mile radius are not required to provide family bereavement leave. Covered employers must provide employees a maximum of two weeks (10 workdays) of unpaid leave to attend the funeral or alternative funeral of a child, make arrangements necessitated by the death of a child, and grieve the death of a child. The Amendment would broaden the Act’s coverage to allow leave for bereavement of a “covered family member,” defined not only as an employee’s child, stepchild, foster child, or legal ward, but also a spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. A “domestic partner” is defined broadly to include a person legally recognized as the domestic partner of the employee under any domestic partnership or civil...
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