Illinois Enacts Child Bereavement Leave Act

Law Applicable to Certain Large Employers

A new law in Illinois allows certain employees to take child bereavement leave. Highlights of the law are presented below.

Coverage
The law covers (among other entities) employers with 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.

Employees are generally covered if they:

  • Work for a covered employer;
  • Have worked at least 1,250 hours during the 12 months prior to the start of leave;
  • Work at a location where the employer has 50 or more employees within 75 miles; and
  • Have worked for the employer for at least 12 months (not required to be consecutive).

State Bereavement Leave
Covered employees are entitled to use a maximum of 2 weeks (10 work days) of unpaid bereavement leave to:

  • Attend the funeral (or alternative to a funeral) of a child;
  • Make arrangements necessitated by the child’s death; or
  • Grieve the child’s death.

Bereavement leave under the provisions above must be completed within 60 days after the date on which the employee receives notice of the child’s death.

Note: “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.

Notice
An employee must 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.

The law is effective as of July 29, 2016. The text of the law features additional provisions affecting employers and employees.

ORIGINALLY POSTED BY HR360

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