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Illinois Expands Bereavement Leave Law

07/07/22

Author: ADP Admin/Tuesday, July 5, 2022/Categories: Compliance Corner , State Compliance Update, Illinois

Illinois has enacted legislation (Senate Bill 3120) expanding the requirement that employers with 50 or more employees provide bereavement leave. Senate Bill 3120 takes effect January 1, 2023.

The Details:

Existing Law

Effective January 1, 2023

Eligible employees may use up to two weeks of unpaid bereavement leave to:

  • Attend the funeral (or an alternative to a funeral) of achild.
  • Make arrangements necessitated by the death of achild;or
  • Grieve the death of thechild.

Eligible employees may use up to two weeks of unpaid bereavement leave to:

  • Attend the funeral (or an alternative to a funeral) of acovered family member.
  • Make arrangements necessitated by the death of acovered family member;
  • Grieve the death of acovered family member; or
  • Be absent from work because of:

Covered Family Members:

Senate Bill 3120 defines a covered family member as the employee’s:

  • Child or stepchild;
  • Spouse or domestic partner;
  • Sibling;
  • Parent, stepparent, mother-in-law, or father-in-law; or
  • Grandchild or grandparent.

Employee Eligibility:

To be eligible for bereavement leave, the employee must:

  • Have at least 12 months of service with the employer;
  • Have worked at least 1,250 hours during the 12-month period prior to the leave; and
  • Work at a location where 50 or more employees are employed by the employer within 75 miles.

The leave must be completed within 60 days of the employee receiving notice of the death of a covered family member or within 60 days of the date of the covered event.

If an employee experiences the death of more than one family member in a 12-month period, the employee is entitled to up to a total of six weeks of bereavement leave during the 12-month period.

Note: The state law doesn’t create a right for unpaid leave that exceeds the unpaid leave allowed under the federal Family and Medical Leave Act (FMLA). Therefore, if an employee exhausts all of their FMLA leave during the applicable 12-month period, the employer isn’t required to provide additional bereavement leave.

Notice and Documentation:

When reasonable and practical, employees must provide at least 48 hours' advance notice of their intention to take bereavement leave.

With certain limitations, employers may require reasonable documentation of the need for leave. See the text of the law for details.

Next Steps:

If you have 50 or more employees:

  • Ensure compliance with the expanded bereavement leave requirements by January 1, 2023.
  • Update policies and forms to reflect the expanded leave entitlement.
  • Train supervisors on the new law.

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Tags: 07/07/22

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