What is the Illinois Family Bereavement Leave Act (FBLA)?

The Illinois Family Bereavement Leave Act used to be called the Illinois Child Bereavement Leave Act (CBLA). That went into effect July 29, 2016. It gives parents up to 10 work days of unpaid leave when a child dies. In 2022, Illinois made several changes to the CBLA.

Illinois modeled the FBLA on the federal Family Medical Leave Act (FMLA). If you are an employer or employee covered by the federal law, you are covered by the state law.

How do you know if you're covered by the FMLA?

To be a "covered employer" you must have at least 50 employees. Public agencies and public schools are also covered employers. If you are an employer covered by the FMLA, you are required to post a notice saying so.

However, not everyone who works for a covered employer is a "covered employee." To be a covered employee, you must:

• Have worked for a covered employer for a total of 12 months,
• Have work at least 1,250 hours in the previous 12 months (about 24 hours per week), and
• Work within 75 miles of at least 49 other employees.

What does the FMLA provide?

If you are a covered employee at a covered employer, the FMLA provides up to 12 weeks of unpaid leave within a 12 month period. You can use this leave to care for your own serious health condition. You can also use this to care for a seriously ill child, spouse, or parent. If you are a new parent covered by the FMLA, you can also use your 12 weeks of leave to care for a newborn child or newly adopted child.

In 2009, the federal government expanded the FMLA. Now, you can use up to 26 weeks of unpaid leave when a family member in the military is called to active duty. You can also use up to 26 weeks to care for an injured family member in active military service.

However, the FMLA does not allow for bereavement leave. If a family member passes away, the FMLA does not allow you to take unpaid leave.

Illinois passed the FBLA to cover this issue.

What does the FBLA cover?

The FBLA guarantees 2 weeks, or 10 working days, of unpaid leave following the death of a family member. This time is meant to be used to handle planning and attending a funeral or similar service, as well as to grieve.

Beginning January 1, 2024, the Child Extended Bereavement Act can guarantee more weeks of bereavement leave if you lose a child to homicide or suicide. An employer with 250 or more full-time employees must provide 12 weeks of unpaid leave. An employer with between 50 and 250 full-time employees must provide 6 weeks of unpaid leave. 

Now, you can use bereavement leave to attend the funerals or services of the following people:

• Child,
• Stepchild,
• Spouse,
• Domestic partner,
• Sibling,
• Parent,
• Mother-in-law,
• Father-in-law,
• Grandchild,
• Grandparent, or
• Stepparent.

It also expands the circumstances for bereavement leave. You can now use bereavement leave due to:

• A miscarriage,
• An unsuccessful round of intrauterine insemination (IUI),
• An unsuccessful round of any "assisted reproductive technology procedure" like in vitro fertilization (IVF),
• A failed adoption match,
• An adoption that is not finalized because it is contested,
• A failed surrogacy agreement,
• A diagnosis that negatively impacts pregnancy or fertility, or
• A stillbirth.

Are there limits to the FBLA?

Yes. You cannot use the full 2 weeks of bereavement leave provided by the FBLA and also use the full 12 weeks of medical leave provided by the FMLA. In other words, if you've used up all 12 weeks of FMLA leave, you cannot also take another 2 weeks for bereavement leave if the family member passes away.

You can use your full FMLA leave if you have previously used the full 2 weeks of FBLA leave. So, if someone hadn't taken any FMLA leave, and takes 2 weeks of bereavement leave under Illinois law, they are still entitled to 12 weeks of FMLA leave.

But, someone who has already taken 11 weeks of FMLA time can only take 1 week of FBLA leave. It all depends on the order in which you take the leave.

Finally, if a second family member passes away within 12 months, covered employees are entitled to a total of 6 weeks of leave within that 12 months.

Do I need to show anything to my employer to get this bereavement leave?

Your employer may ask you for documents showing that you have experienced one of the above circumstances to qualify for leave under the FBLA. You are only expected to give "reasonable" documentation. According to the FBLA, reasonable documentation includes:

• A form from the doctor or medical professional who gave the treatment,
• Documentation from the adoption agency showing a failed match or contested adoption, or
• Documentation from the surrogacy agency showing a failed surrogacy agreement.

You still have the right to medical privacy. You are not required to tell your employer what specific reason you are asking for bereavement. The only information you are required to give is the information on the form your medical provider will fill out.

Illinois Paid Leave for All Workers Act

There may be other ways to take time off from work. Beginning January 1, 2024, the Illinois "Paid Leave for All Workers" Act becomes effective. Find out more about the law here.