Illinois Bereavement Leave Laws

In Illinois, the Family Bereavement Leave Act (FBLA) provides eligible employees with unpaid leave for bereavement and certain family-related events. This article offers a detailed overview of Illinois bereavement leave laws, including eligibility criteria, qualifying events, leave duration, and compensation.

What is Paid Bereavement Leave?

Paid bereavement leave refers to employer-granted time off following the death of a loved one, during which employees receive their regular wages. This leave allows individuals to grieve, attend funeral services, and manage related personal matters without financial strain.

Does Illinois Have Bereavement Leave Laws That Differ from Federal Bereavement Leave Laws?

Yes, Illinois has enacted the FBLA, which extends beyond federal provisions. While the federal Family and Medical Leave Act (FMLA) does not mandate bereavement leave, the FBLA entitles eligible Illinois employees to up to two weeks (10 workdays) of unpaid leave for specific family-related events, including bereavement.

What Counts as a Qualifying Event for Bereavement Leave in Illinois?

Under the FBLA, qualifying events include:

• The death of a covered family member.
• Events related to pregnancy and fertility, such as miscarriage, stillbirth, unsuccessful reproductive procedures, failed adoption matches, contested adoptions, failed surrogacy agreements, or diagnoses negatively impacting pregnancy or fertility.

Are There Requirements to be Eligible for Bereavement Leave in Illinois?

To be eligible for FBLA leave, an employee must:

• Have worked for a covered employer for at least 12 months.
• Have completed at least 1,250 hours of service during the prior 12-month period.

Covered employers include public employers and private employers with 50 or more employees.

How Much Bereavement Leave Time are Employees Entitled to in Illinois?

Eligible employees are entitled to:

• Up to two weeks (10 workdays) of unpaid leave per qualifying event.
• A maximum of six weeks of leave in the event of multiple qualifying events within a 12-month period.

Who is Considered Immediate Family for Bereavement Leave in Illinois?

The FBLA defines a “covered family member” as:

• Child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.

Is Bereavement Leave Required to be a Paid Leave in Illinois?

No, the FBLA provides for unpaid leave. However, employees may elect to substitute paid leave (such as family, medical, sick, annual, or personal leave) for the unpaid FBLA leave, in accordance with employer policies.

Does Bereavement Leave Have to Be Taken Within a Certain Timeframe in Illinois?

Yes, FBLA leave must be completed within 60 days after the employee receives notice of the qualifying event. Employees are required to provide at least 48 hours’ notice before taking leave, unless it is not reasonable or practicable.

Who Pays for Paid Bereavement Leave in Illinois?

If an employer offers paid bereavement leave, the employer bears the cost. In the absence of employer-provided paid leave, employees may choose to use accrued paid leave to cover the period of absence, subject to employer policies.

Conclusion

Illinois’ Family Bereavement Leave Act offers eligible employees unpaid leave for bereavement and specific family-related events, supplementing federal provisions. Employees should review their employer’s policies to understand available paid leave options. Employers are encouraged to establish clear bereavement leave policies to support their employees during challenging times.