Illinois has enacted legislation that expands requirements for certain employers to provide bereavement leave to employees. The legislation (Senate Bill 2034) takes effect Jan. 1, 2024.
The details
Under the new law, an employee of an employer with 250 or more full-time employees in Illinois is entitled to use a maximum of 12 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide.
An employee of an employer with 50 to 249 full-time employees in Illinois is entitled to use up to 6 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide.
The leave may be taken in a single continuous period or intermittently in increments of no less than four hours, but leave must be completed within one year after the employee notifies the employer of the loss.
To be eligible for such leave, the individual must:
- Be a full-time employee of an employer with at least 50 full-time employees in Illinois.
- Work for the employer for at least 2 weeks.
An employee who is entitled to take paid or unpaid leave 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 such leave for an equivalent period of leave provided under Senate Bill 2034.
Notice and Documentation
An employer may require reasonable advance notice of the employee's intention to take leave, unless providing such notice isn’t reasonable and practical.
An employer may require reasonable documentation, such as 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. An employer may require that the documentation include the cause of death.
Job Reinstatement
Upon returning from leave, the employee is entitled to:
- Be restored by the employer to the position of employment held by the employee when the leave commenced; or
- Be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
Interaction with Existing Bereavement Leave Law
Under an existing bereavement leave law, employers with 50 or more employees must provide eligible employees up to two weeks of unpaid bereavement leave to:
- Attend the funeral (or an alternative to a funeral) of a covered family member.
- Make arrangements necessitated by the death of a covered family member;
- Grieve the death of a covered family member; or
- Be absent from work because of:
Employees who use leave under the new law because of the death of a child are prohibited from using leave under the existing law because of the death of the same child.
Next steps
If you are a covered employer:
- Review policies and practices to ensure compliance with the changes made by Senate Bill 2034 by Jan.1, 2024.
- Train supervisors on the changes and how to respond to leave requests.
Please contact your ADP® Service Representative if you have any questions.