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| Public Act 102-1050 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Child Bereavement Leave Act is amended by | ||||
changing Sections 1, 5, and 10 as follows: | ||||
(820 ILCS 154/1)
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Sec. 1. Short title. This Act may be cited as the Family | ||||
Child Bereavement Leave Act.
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(Source: P.A. 99-703, eff. 7-29-16.) | ||||
(820 ILCS 154/5)
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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.).
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(Source: P.A. 99-703, eff. 7-29-16.) | ||
(820 ILCS 154/10)
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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.
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(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.).
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(Source: P.A. 99-703, eff. 7-29-16.)
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