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


Sen. Melinda Bush

Filed: 2/18/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 3120 by replacing
3everything after the enacting clause with the following:
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



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1sexual intercourse.
2    "Child" means an employee's son or daughter who is a
3biological, adopted, or foster child, a stepchild, a legal
4ward, or a child of a person standing in loco parentis.
5    "Covered family member" means an employee's child,
6stepchild, spouse, domestic partner, sibling, parent,
7mother-in-law, father-in-law, grandchild, grandparent, or
9    "Department" means the Department of Labor.
10    "Domestic partner", used with respect to an unmarried
11employee, includes:
12        (1) the person recognized as the domestic partner of
13    the employee under any domestic partnership or civil union
14    law of a state or political subdivision of a state; or
15        (2) an unmarried adult person who is in a committed,
16    personal relationship with the employee, who is not a
17    domestic partner as described in paragraph (1) to or in
18    such a relationship with any other person, and who is
19    designated to the employee's employer by such employee as
20    that employee's domestic partner.
21    "Department" means the Department of Labor.
22    "Employee" means eligible employee, as defined by Section
23101(2) of the federal Family and Medical Leave Act of 1993 (29
24U.S.C. 2601 et seq.).
25    "Employer" means employer, as defined by Section 101(4) of
26the federal Family and Medical Leave Act of 1993 (29 U.S.C.



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12601 et seq.).
2(Source: P.A. 99-703, eff. 7-29-16.)
3    (820 ILCS 154/10)
4    Sec. 10. Bereavement Leave.
5    (a) All employees shall be entitled to use a maximum of 2
6weeks (10 work days) of unpaid bereavement leave to:
7        (1) attend the funeral or alternative to a funeral of
8    a covered family member child;
9        (2) make arrangements necessitated by the death of the
10    covered family member; child; or
11        (3) grieve the death of the covered family member; or
12    child.
13        (4) be absent from work due to (i) a miscarriage; (ii)
14    an unsuccessful round of intrauterine insemination or of
15    an assisted reproductive technology procedure; (iii) a
16    failed adoption match or an adoption that is not finalized
17    because it is contested by another party; (iv) a failed
18    surrogacy agreement; (v) a diagnosis that negatively
19    impacts pregnancy or fertility; or (vi) a stillbirth.
20    (b) Bereavement leave under subsection (a) of this Section
21must be completed within 60 days after the date on which the
22employee receives notice of the death of the covered family
23member or the date on which an event listed under paragraph (4)
24of subsection (a) occurs child.
25    (c) An employee shall provide the employer with at least



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148 hours' advance notice of the employee's intention to take
2bereavement leave, unless providing such notice is not
3reasonable and practicable.
4    (d) An employer may, but is not required to, require
5reasonable documentation. Documentation may include a death
6certificate, a published obituary, or written verification of
7death, burial, or memorial services from a mortuary, funeral
8home, burial society, crematorium, religious institution, or
9government agency. For leave resulting from an event listed
10under paragraph (4) of subsection (a), reasonable
11documentation shall include a form, to be provided by the
12Department, to be filled out by a health care practitioner who
13has treated the employee or the employee's spouse or domestic
14partner, or surrogate, for an event listed under paragraph (4)
15of subsection (a), or documentation from the adoption or
16surrogacy organization that the employee worked with related
17to an event listed under paragraph (4) of subsection (a),
18certifying that the employee or his or her spouse or domestic
19partner has experienced an event listed under paragraph (4) of
20subsection (a). The employer may not require that the employee
21identify which category of event the leave pertains to as a
22condition of exercising rights under this Act.
23    (e) In the event of the death of more than one covered
24family member child in a 12-month period, an employee is
25entitled to up to a total of 6 weeks of bereavement leave
26during the 12-month period. This Act does not create a right



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1for an employee to take unpaid leave that exceeds the unpaid
2leave time allowed under, or is in addition to the unpaid leave
3time permitted by, the federal Family and Medical Leave Act of
41993 (29 U.S.C. 2601 et seq.).
5(Source: P.A. 99-703, eff. 7-29-16.)".