|Public Act 103-0466
|LRB103 30739 KTG 57217 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Short title; references to Act.
(a) This Act may be cited as the
Bereavement Leave Act.
(b) This Act may be referred to as Zachary's Parent
In this Act:
"Child" means an employee's biological, adopted, or foster
child, a stepchild, a legal ward, or a child of a person
standing in loco parentis.
"Department" means the Department of Labor.
"Employee" means a full-time employee of a large employer
or a small employer who has worked for that employer for at
least 2 weeks. "Employee" does not include full-time employees
of the State of Illinois, except for those employees who are
not otherwise eligible for family responsibility leave or a
leave of absence without pay.
"Employer" means a large employer or a small employer.
"Large employer" means a person or entity, other than the
federal government or an agency of the federal government,
that employs 250 or more employees on a full-time basis in
"Small employer" means a person or entity, other than the
federal government or an agency of the federal government,
that employs at least 50 but fewer than 250 employees on a
full-time basis in Illinois.
(a) An employee of a large employer 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.
(b) An employee of a small employer is entitled to use a
maximum of 6 weeks of unpaid leave if the employee experiences
the loss of a child by suicide or homicide.
(c) Leave under subsection (a) or (b) may be taken in a
single continuous period or intermittently in increments of no
less than 4 hours, but leave must be completed within one year
after the employee notifies the employer of the loss.
(d) An employer may require reasonable advance notice of
the employee's intention to take leave, unless providing such
notice is not reasonable and practicable.
(e) An employer may 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. An employer may require that the documentation include
the cause of death.
Existing leave usable for bereavement.
employee who is entitled to take paid or unpaid leave
(including family, medical, sick, annual, personal, or similar
leave) from employment, 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
(a) An employee who takes leave under this Act is
entitled, on return from such leave:
(1) to be restored by the employer to the position of
employment held by the employee when the leave commenced;
(2) to be restored to an equivalent position with
equivalent employment benefits, pay, and other terms and
conditions of employment.
(b) The taking of leave under this Act shall not result in
the loss of any employment benefit accrued prior to the date on
which the leave commenced.
(c) Nothing in this Act shall be construed to entitle any
restored employee to:
(1) the accrual of any seniority or employment
benefits during any period of leave; or
(2) any right, benefit, or position of employment
other than any right, benefit, or position to which the
employee would have been entitled had the employee not
taken the leave.
Unlawful employer practices.
(a) It is unlawful for any employer to take any adverse
action against an employee because the employee:
(1) exercises rights or attempts to exercise rights
under this Act;
(2) opposes practices which such employee believes to
be in violation of this Act; or
(3) supports the exercise of rights of another under
(b) Exercising rights under this Act includes:
(1) filing an action or instituting or causing to be
instituted any proceeding under or related to this Act;
(2) providing or agreeing to provide any information
in connection with any inquiry or proceeding relating to
any right provided under this Act; or
(3) testifying to or agreeing to testify in any
inquiry or proceeding relating to any right provided under
(a) The Department shall administer and enforce this Act
and adopt rules under the Illinois Administrative Procedure
Act for the administration and enforcement of this Act. The
Department has the powers and the parties have the rights
provided in the Illinois Administrative Procedure Act for
contested cases. The Department has the power to conduct
investigations in connection with the administration and
enforcement of this Act, including the power to conduct
depositions and discovery and to issue subpoenas. After
concluding its investigation, the Director shall notify all
parties of the determination. The Director shall issue a
notice of violation when the investigation has established
that a violation of any part of this Act occurred or is
The Department shall serve notice on the parties by
certified U.S. mail, postage prepaid, return receipt
requested, addressed to the last known address of the parties.
Within 20 days after the date of service, a party may request a
hearing by certified mail or personal delivery to the
Hearings shall be conducted pursuant to the
provisions of Article 10 of the Illinois Administrative
Procedure Act and the Department's rules of procedure in
administrative hearings set forth in 56 Ill. Adm. Code 120.
(b) The Department is authorized to impose civil penalties
in administrative proceedings that comply with the Illinois
Administrative Procedure Act and to supervise the payment of
the unpaid wages and damages owing to the employee or
employees under this Act. The Department may bring any legal
action necessary to recover the amount of unpaid wages,
damages, and penalties, and the employer shall be required to
pay the costs. Any sums recovered by the Department on behalf
of an employee under this Act shall be paid to the employee or
(c) The Attorney General may bring an action to enforce
the collection of any civil penalty imposed under this Act.
(a) An employee who believes his or her rights under this
Act or any rule adopted under this Act have been violated may,
within one year after the date of the last event constituting
the alleged violation for which the action is brought, file a
complaint with the Department or file a civil action.
(b) An employer that violates any provision of this Act or
any rule adopted under this Act is subject to a civil penalty
for each employee affected as follows:
(1) for a first offense, a civil penalty not to exceed
(2) for a second or subsequent offense, a civil
penalty not to exceed $1,000.
(c) A civil action may be brought in the circuit court by
an employee to enforce this Act. The circuit court may enjoin
any act or practice that violates or may violate this Act and
may order any other equitable relief that is necessary and
appropriate to redress the violation or to enforce the Act.
Use of other leave laws.
This Act does not
extend the maximum period of leave to which an employee is
entitled under the federal Family and Medical Leave Act of
1993 or under any other paid or unpaid leave provided under
federal, State or local law, a collective bargaining
agreement, or an employment benefits program or plan.
The Child Bereavement Leave Act is amended by
adding Section 35 as follows:
(820 ILCS 154/35 new)
A person who uses leave under the Child
Extended Bereavement Leave Act because of the death of a child
may not take leave under this Act because of the death of the