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December 2022: Reminder: Illinois Bereavement Leave Goes Into Effect in 2023

21 Dec


Update Applicable to:
All employers with 50 or more employees in the state of Illinois.

What happened?
In a previous communication, we notified you that Governor Pritzker signed Senate Bill 3120 (SB 3120), also known as the “Family Bereavement Leave Act,” into law.

What are the details?
Effective January 1, 2023, SB 3120 expands the protections afforded under the Child Bereavement Leave Act (the “CBLA”). Under the existing CBLA, Illinois employees are entitled to use a maximum of two weeks (10 work days) of unpaid bereavement leave for the following reasons:

  • to attend the funeral or alternative to a funeral of a child;
  • make arrangements necessitated by the death of a child;
  • or grieve the death of a child.

The CBLA defines “child” 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.

The amended CBLA, now titled the Family Bereavement Leave Act (“FBLA”), broadens the scope of the CBLA by expanding the availability of unpaid bereavement leave to cover additional family members and reasons for leave. The FBLA provides for bereavement leave for the death of a “covered family member,” which now includes an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or step-parent.

The FBLA also provides that employees are entitled to this leave due to the following:

  • A miscarriage;
  • An unsuccessful round of intrauterine insemination or an assisted reproductive technology procedure (such as Invitro Fertilization);
  • A failed adoption match or adoption that is not finalized because another party contests it;
  • A failed surrogacy agreement;
  • A diagnosis that negatively impacts pregnancy or fertility; or
  • A stillbirth.

Importantly, while an employer may require the employee to provide documentation supporting the leave request, the employer cannot require, as a condition of exercising rights under the Act, the employee to identify to which category of the event the leave pertains.

For more information, please see the links below:

Senate Bill 3120 (SB 3120)

Illinois Press Release

Previous Vensure Communication (June 21, 2022)

Article 1Article 2

What do employers need to do?
Employers should review the links provided above and make immediate adjustments to their bereavement leave policies so that, come January 1, 2023, they will comply with the law.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Illinois PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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