Illinois’ “Child Bereavement Leave Act”
Published: September 27, 2016
On July 29, 2016, the Illinois General Assembly adopted SB 2613 – the Child Bereavement Leave Act (“Act”) which provides eligible employees with the right to take bereavement leave for the death of a child. The law went into effect immediately.
Covered Employers. The Act defines covered employers the same way the federal Family and Medical Leave Act (FMLA) defines employers. Therefore, a covered employer is one that is engaged in commerce or any industry affecting commerce, and employs fifty (50) or more employees for each working day of twenty (20) or more calendar weeks during the current or preceding calendar year.
Eligible Employees: The Act defines eligible employees the same way that the FMLA defines employees. Therefore, an eligible employee is an employee who has worked for the covered employer for at least 12 months (which does not have to be consecutive); has worked for the covered employer at least 1,250 hours during the 12 consecutive months preceding the start of bereavement leave; and works at a worksite where there are at least 50 employees within a 75-mile radius.
Leave Entitlement. An eligible employee is entitled to use a maximum of two (2) weeks (10 work days) of unpaid bereavement leave to:
- Attend the funeral or alternative to a funeral for a child;
- Make arrangements necessitated by the death of the child; or
- Grieve the death of the child.
Bereavement leave must be completed within sixty (60) days after the date on which the employee receives notice of the death of the child.
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