Public Act 102-1050
 
SB3120 EnrolledLRB102 24118 SPS 33344 b


  
    AN ACT concerning employment.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Child Bereavement Leave Act is amended  by 
changing Sections 1, 5, and 10 as follows:
 
    (820 ILCS 154/1)

    Sec. 1. Short title. This Act may be cited as the Family 
Child Bereavement Leave Act.

(Source: P.A. 99-703, eff. 7-29-16.)
 
    (820 ILCS 154/5)

    Sec. 5. Definitions. In this Act:
    "Assisted reproduction" means a method of achieving a 
pregnancy through an artificial insemination or an embryo 
transfer and includes gamete and embryo donation. "Assisted 
reproduction" does not include any pregnancy achieved through 
sexual intercourse. 
    "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.
    "Covered family member" means an employee's child, 
stepchild, spouse, domestic partner, sibling, parent, 
mother-in-law, father-in-law, grandchild, grandparent, or 
stepparent.
    "Department" means the Department of Labor.
    "Domestic partner", used with respect to an unmarried 
employee, includes: 
        (1)   the person recognized as the domestic partner of 
    the employee under any domestic partnership or civil union 
    law of a state or political subdivision of a state; or
        (2)   an unmarried adult person who is in a committed, 
    personal relationship with the employee, who is not a 
    domestic partner as described in paragraph (1) to or in 
    such a relationship with any other person, and who is 
    designated to the employee's employer by such employee as 
    that employee's domestic partner. 
    "Department" means the Department of Labor.
    "Employee" means eligible employee, as defined by Section 
101(2) of the federal Family and Medical Leave Act of 1993 (29 
U.S.C. 2601 et seq.).
    "Employer" means employer, as defined by Section 101(4) of 
the federal Family and Medical Leave Act of 1993 (29 U.S.C. 
2601 et seq.).

(Source: P.A. 99-703, eff. 7-29-16.)
 
    (820 ILCS 154/10)

    Sec. 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 covered family member child;
        (2) make arrangements necessitated by the death of the 
    covered family member; child; or
        (3) grieve the death of the covered family member; or 
    child.

        (4)   be absent from work due to (i) a miscarriage; (ii) 
    an unsuccessful round of intrauterine insemination or of 
    an assisted reproductive technology procedure; (iii) a 
    failed adoption match or an adoption that is not finalized 
    because it is contested by another party; (iv) a failed 
    surrogacy agreement; (v) a diagnosis that negatively 
    impacts pregnancy or fertility; or (vi) a stillbirth. 
    (b) Bereavement leave under subsection (a) of this Section 
must be completed within 60 days after the date on which the 
employee receives notice of the death of the covered family 
member or the date on which an event listed under paragraph (4) 
of subsection (a) occurs 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 such notice is not 
reasonable and practicable.
    (d) An employer may, but is not required to, 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. For leave resulting from an event listed 
under paragraph (4) of subsection (a), reasonable 
documentation shall include a form, to be provided by the 
Department, to be filled out by a health care practitioner who 
has treated the employee or the employee's spouse or domestic 
partner, or surrogate, for an event listed under paragraph (4) 
of subsection (a), or documentation from the adoption or 
surrogacy organization that the employee worked with related 
to an event listed under paragraph (4) of subsection (a), 
certifying that the employee or his or her spouse or domestic 
partner has experienced an event listed under paragraph (4) of 
subsection (a). The employer may not require that the employee 
identify which category of event the leave pertains to as a 
condition of exercising rights under this Act. 
    (e) In the event of the death of more than one covered 
family member 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. This Act does not
create a right 
for an employee to take unpaid leave that exceeds the unpaid 
leave time allowed under, or is in addition to the unpaid leave 
time permitted by,  the  federal  Family and Medical Leave Act of 
1993 (29 U.S.C. 2601 et seq.).

(Source: P.A. 99-703, eff. 7-29-16.)


Effective Date:  1/1/2023