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Public Act 102-1050


 

Public Act 1050 102ND GENERAL ASSEMBLY

  
  
  

 


 
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