Illinois Governor JB Pritzker recently signed into law two bills addressing employee leave. The Family Bereavement Leave Act (FBLA) provides eligible employees with unpaid time off to grieve the death of a family member covered by the act, and it provides employees with time off due to certain pregnancy- or adoption-related events. A recently enacted amendment to the Employee Sick Leave Act (ESLA) sets minimum standards in a negotiated collective bargaining agreement.
Family Bereavement Leave Act
On June 9, 2022, Governor Pritzker signed the FBLA into law, amending the Child Bereavement Leave Act (CBLA) and expanding the scope of unpaid bereavement leave available to employees in Illinois. The FBLA becomes effective on January 1, 2023.
Under the CBLA, bereavement leave was only available for the loss of a child. With the enactment of the FBLA, unpaid bereavement leave may be used for the death of a “covered family member,” a term that includes “an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.”
Employees will be eligible to take FBLA leave if they are eligible employees under the federal Family and Medical Leave Act (FMLA), which requires at least twelve months of employment and at least 1,250 hours worked within the previous twelve-month period. The FBLA does not create a right to take unpaid leave exceeding or in addition to the leave time permitted by the FMLA.
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