IL bereavement leave expanded

On June 9, IL Governor JB Pritzker signed the Support Through Loss Act (SB 3120, P.L. 102-1050) into law. This law expands the Child Bereavement Leave Act, which is renamed to Family Bereavement Leave Act.

Effective January 1, 2023, in addition to leave taken for the loss of a child, eligible employees will be entitled to take the 10 days of leave for the following reasons:

• Pregnancy loss,
• An unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure,
• A failed adoption match or an adoption that is not finalized because it is contested by another party,
• A failed surrogacy arrangement,
• A diagnosis or event that impacts pregnancy or fertility, or
• To care for a spouse or domestic partner who experiences a circumstance described above.

Employees will also be entitled to take bereavement leave for the death of family members beyond a child. Family members will also include spouses, domestic partners, siblings, parents, mothers-in-law, fathers-in-law, grandchildren, grandparents, or stepparents.

Employers may not require employees to identify which category of event involved. For leave resulting from an event related to the new qualifying reasons (e.g., miscarriage, reproductive procedures), reasonable documentation shall include a form, to be provided by the state Department of Labor, to be completed by a health care practitioner certifying that the employee or his or her spouse or domestic partner has experienced a qualifying event.