Illinois Governor JB Pritzker signed the Family Bereavement Leave Act (FBLA) into law, amending the Illinois Child Bereavement Leave Act of 2016 (CBLA). Established in 2016, the Child Bereavement Leave Act was adopted giving employees 10 workdays of unpaid leave to grieve the loss of a child. However, the FBLA expands the scope of unpaid bereavement.
Two Key Amendments
The adaptation of this law is a result of two major changes:
- A clear definition of who is eligible for coverage
- Inclusion of fertility-related loss as an acceptable reason an employee may use leave
Who Is Eligible
Under the FBLA, employers must provide up to two weeks of unpaid leave to Family and Medical Leave Act (FMLA) -eligible employees grieving the loss of a family member or tragic event. The definition of covered family members was clarified including:
- Spouse
- Domestic partner
- Sibling
- Parent
- Parent-in-law
- Grandchild
- Grandparent
- Stepparent
- Child
Additional Leave
The FBLA requires that employers now provide additional leave regarding negative fertility events:
- Miscarriage
- Still-birth
- Failed adoption
- Failed surrogacy
- Negative fertility diagnosis
What Employers Need To Know
Employers are not subject to adding additional unpaid leave other than what is stated under the FMLA. As an employer, you are permitted to request reasonable documentation to accept a leave request. However, you may not ask for details of the event linked to employee leave. If an employee wishes to use the FBLA, there must be a 48-hour notice to the employer. As with FMLA, employees will only become eligible after 12 months of employment or 1,250 hours worked.
Why GMS
State laws and regulations are ever-changing. When you partner with GMS, employers gain total administrative support through our HR experts. GMS ensures that through all changes, your business will remain compliant. Contact GMS today to discover how we simplify the administrative duties of your business.