TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 252
CHILD BEREAVEMENT LEAVE
SECTION 252.5 DEFINITIONS
Section 252.5 Definitions
"Act" means the Child
Bereavement Leave Act [820 ILCS 154].
"Child" means 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.
"Department" means
the Illinois Department of Labor.
"Employee" means eligible
employee, as defined by FMLA section 101(2).
"Employer" means
employer, as defined by FMLA section 101(4) (Section 5 of the Act).
"FMLA" means the federal
Family and Medical Leave Act of 1993 (29 USC 2601 et seq.).
 | TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 252
CHILD BEREAVEMENT LEAVE
SECTION 252.10 BEREAVEMENT LEAVE
Section 252.10 Bereavement Leave
a) All
employees shall be entitled to use a maximum of 2 weeks (10 work days) of
unpaid bereavement leave to:
1) attend
the funeral, or alternative to a funeral, of a child;
2) make
arrangements necessitated by the death of the child; or
3) grieve
the death of the child.
b) Bereavement
leave under subsection (a) must be completed within 60 days after the date on
which the employee receives notice of the death of the child.
c) An
employee shall provide the employer with at least 48 hours' advance notice of
the employee's intention to take bereavement leave, unless providing that
notice is not reasonable and practicable.
d) An
employer may require reasonable documentation. Documentation may include a
death certificate, a published obituary, or written verification of death,
burial, or memorial services from a mortuary, funeral home, burial society,
crematorium, religious institution, or government agency.
e) In
the event of the death of more than one child in a 12-month period, an employee
is entitled to up to a total of 6 weeks of bereavement leave during the
12-month period.
f) The
Act does not entitle an employee to take unpaid leave time that
exceeds the total unpaid leave time protected under FMLA. [820 ILCS
154/10]
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 252
CHILD BEREAVEMENT LEAVE
SECTION 252.15 EXISTING LEAVE
Section 252.15 Existing Leave
An employee who is entitled to take paid or unpaid leave
(including family, medical, sick, annual, personal, or similar leave) from
employment, pursuant to federal, State, or local law, a collective bargaining
agreement, or an employment benefits program or plan may elect to substitute
any period of that leave for an equivalent period of leave provided under
Section 10 of the Act. [820 ILCS 154/15]
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 252
CHILD BEREAVEMENT LEAVE
SECTION 252.20 UNLAWFUL EMPLOYER PRACTICES
Section 252.20 Unlawful Employer Practices
a) It
is unlawful for any employer to take any adverse action against an employee
because the employee:
1) exercises
rights or attempts to exercise rights under the Act;
2) opposes
practices that the employee believes to be in violation of the Act; or
3) supports
the exercise of rights of another under the Act.
b) Exercising
rights under the Act includes:
1) filing
an action or instituting or causing to be instituted any proceeding under, or
related to, the Act;
2) providing
or agreeing to provide any information in connection with any inquiry or
proceeding relating to any right provided under the Act; or
3) testifying,
or agreeing to testify, in any inquiry or proceeding relating to any right
provided under the Act. [820 ILCS 154/20]
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 252
CHILD BEREAVEMENT LEAVE
SECTION 252.25 DEPARTMENT RESPONSIBILITIES
Section 252.25 Department Responsibilities
a) The
Department will administer and enforce the Act. The Department shall have the
powers and the parties shall have the rights, provided in Article 10 of
the Illinois Administrative Procedure Act [5 ILCS 100/Art.10] for
contested cases. The Department has the power to conduct investigations in
connection with the administration and enforcement of the Act, including the
power to conduct depositions and discovery and to issue subpoenas. If the
Department finds cause to believe that the Act has been violated, the
Department shall notify the parties in writing and the matter shall be referred
to an Administrative Law Judge to schedule a formal hearing in accordance with 56
Ill. Adm. Code 120 (Rules of Procedure in Administrative Hearings).
b) The
Department is authorized to impose civil penalties prescribed in Section 30 of
the Act in administrative proceedings that comply with the Illinois
Administrative Procedure Act and to supervise the payment of the unpaid wages
and damages owing to the employee or employees under the Act.
c) The
Department may bring any legal action necessary to recover the amount of unpaid
wages, damages, and penalties, and the employer shall be required to pay the
costs. Any sums recovered by the Department on behalf of an employee under the
Act shall be paid to the employee or employees affected. However, no more
than 20% of any penalty collected from the employer for a violation of the
Act shall be deposited into the Child Bereavement Fund, a special fund created
in the State treasury, and used for the enforcement of the Act.
d) The
Attorney General may bring an action to enforce the collection of any civil
penalty imposed under the Act. [5 ILCS 100/25]
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 252
CHILD BEREAVEMENT LEAVE
SECTION 252.30 ENFORCEMENT
Section 252.30 Enforcement
a) An
employee who believes his or her rights under the Act or this Part have been
violated may, within 60 days after the date of the last event constituting the
alleged violation for which the action is brought, file a complaint with the
Department or file a civil action.
b) Penalties
1) An
employer found to have violated any provision of the Act or this Part is
subject to a civil penalty for each employee affected, as follows:
A) First offense, a
civil penalty of $500;
B) Second
or subsequent offense, a civil penalty of $1,000. [820 ILCS 154/30]
2) For
purposes of this subsection (b), an offense means each instance that an
employer is found to have denied an employee bereavement leave, as provided for
by 820 ILCS 154/10, or to have engaged in unlawful practices prohibited by 820
ILCS 154/20.
c) If
the Department assesses a penalty in accordance with subsection (b), the
Department shall serve the employer and employee, via certified mail,
electronic mail if a party has consented, or any other verifiable means such as
private carrier, with a Notice of Penalty containing the grounds for the
decision and the penalty amount.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 252
CHILD BEREAVEMENT LEAVE
SECTION 252.35 INITIATION OF HEARING
Section 252.35 Initiation of Hearing
a) The
Department shall serve its decision on the parties via certified U.S. mail,
postage prepaid, return receipt requested, addressed to the last known
addresses of the parties. A party may request a hearing within ten days after
the date of service via certified mail or personal delivery to the Department.
b) Hearings
shall be conducted pursuant to the provisions of Article 10 of the Illinois
Administrative Procedure Act [5 ILCS 100/Art. 10] and the Department's Rules of
Procedure in Administrative Hearings (56 Ill. Adm. Code 120).
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