Illinois General Assembly - Full Text of SB3120
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Full Text of SB3120  102nd General Assembly




SB3120 EnrolledLRB102 24118 SPS 33344 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Child Bereavement Leave Act is amended by
5changing Sections 1, 5, and 10 as follows:
6    (820 ILCS 154/1)
7    Sec. 1. Short title. This Act may be cited as the Family
8Child Bereavement Leave Act.
9(Source: P.A. 99-703, eff. 7-29-16.)
10    (820 ILCS 154/5)
11    Sec. 5. Definitions. In this Act:
12    "Assisted reproduction" means a method of achieving a
13pregnancy through an artificial insemination or an embryo
14transfer and includes gamete and embryo donation. "Assisted
15reproduction" does not include any pregnancy achieved through
16sexual intercourse.
17    "Child" means an employee's son or daughter who is a
18biological, adopted, or foster child, a stepchild, a legal
19ward, or a child of a person standing in loco parentis.
20    "Covered family member" means an employee's child,
21stepchild, spouse, domestic partner, sibling, parent,
22mother-in-law, father-in-law, grandchild, grandparent, or



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2    "Department" means the Department of Labor.
3    "Domestic partner", used with respect to an unmarried
4employee, includes:
5        (1) the person recognized as the domestic partner of
6    the employee under any domestic partnership or civil union
7    law of a state or political subdivision of a state; or
8        (2) an unmarried adult person who is in a committed,
9    personal relationship with the employee, who is not a
10    domestic partner as described in paragraph (1) to or in
11    such a relationship with any other person, and who is
12    designated to the employee's employer by such employee as
13    that employee's domestic partner.
14    "Department" means the Department of Labor.
15    "Employee" means eligible employee, as defined by Section
16101(2) of the federal Family and Medical Leave Act of 1993 (29
17U.S.C. 2601 et seq.).
18    "Employer" means employer, as defined by Section 101(4) of
19the federal Family and Medical Leave Act of 1993 (29 U.S.C.
202601 et seq.).
21(Source: P.A. 99-703, eff. 7-29-16.)
22    (820 ILCS 154/10)
23    Sec. 10. Bereavement Leave.
24    (a) All employees shall be entitled to use a maximum of 2
25weeks (10 work days) of unpaid bereavement leave to:



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1        (1) attend the funeral or alternative to a funeral of
2    a covered family member child;
3        (2) make arrangements necessitated by the death of the
4    covered family member; child; or
5        (3) grieve the death of the covered family member; or
6    child.
7        (4) be absent from work due to (i) a miscarriage; (ii)
8    an unsuccessful round of intrauterine insemination or of
9    an assisted reproductive technology procedure; (iii) a
10    failed adoption match or an adoption that is not finalized
11    because it is contested by another party; (iv) a failed
12    surrogacy agreement; (v) a diagnosis that negatively
13    impacts pregnancy or fertility; or (vi) a stillbirth.
14    (b) Bereavement leave under subsection (a) of this Section
15must be completed within 60 days after the date on which the
16employee receives notice of the death of the covered family
17member or the date on which an event listed under paragraph (4)
18of subsection (a) occurs child.
19    (c) An employee shall provide the employer with at least
2048 hours' advance notice of the employee's intention to take
21bereavement leave, unless providing such notice is not
22reasonable and practicable.
23    (d) An employer may, but is not required to, require
24reasonable documentation. Documentation may include a death
25certificate, a published obituary, or written verification of
26death, burial, or memorial services from a mortuary, funeral



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1home, burial society, crematorium, religious institution, or
2government agency. For leave resulting from an event listed
3under paragraph (4) of subsection (a), reasonable
4documentation shall include a form, to be provided by the
5Department, to be filled out by a health care practitioner who
6has treated the employee or the employee's spouse or domestic
7partner, or surrogate, for an event listed under paragraph (4)
8of subsection (a), or documentation from the adoption or
9surrogacy organization that the employee worked with related
10to an event listed under paragraph (4) of subsection (a),
11certifying that the employee or his or her spouse or domestic
12partner has experienced an event listed under paragraph (4) of
13subsection (a). The employer may not require that the employee
14identify which category of event the leave pertains to as a
15condition of exercising rights under this Act.
16    (e) In the event of the death of more than one covered
17family member child in a 12-month period, an employee is
18entitled to up to a total of 6 weeks of bereavement leave
19during the 12-month period. This Act does not create a right
20for an employee to take unpaid leave that exceeds the unpaid
21leave time allowed under, or is in addition to the unpaid leave
22time permitted by, the federal Family and Medical Leave Act of
231993 (29 U.S.C. 2601 et seq.).
24(Source: P.A. 99-703, eff. 7-29-16.)