Illinois has enacted amendments to the Child Bereavement Leave Act, increasing the regulation’s scope and renaming it the “Family Bereavement Leave Act” (FBLA). The amendments are efficient January 1, 2023, and the 2 main functions are to: (1) increase the definition of members of the family coated by FBLA; and (2) embody fertility-related losses within the acceptable causes an worker might use go away underneath the FBLA.
Adopted in 2016, the Child Bereavement Leave Act required Illinois employers to grant staff 10 work days of unpaid go away yearly to grieve the loss of life of a kid.
Beneath the FBLA, staff can take 10 work days of unpaid go away yearly to grieve the loss of life of any “covered family member.”
The regulation defines “covered family member” to embody an worker’s “child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.” The regulation defines “domestic partners” broadly to embody adults who’re in a dedicated relationship, and they don’t seem to be restricted to legally acknowledged partnerships. Additional, there isn’t any requirement within the regulation that “covered family members” reside in the identical family.
The FBLA additionally protects the necessity of Illinois staff to grieve losses that may be related to fertility and beginning a household. The FBLA requires employers to provide the annual unpaid bereavement go away to grieve failed pregnancies and adoptions. This contains: (i) miscarriages; (ii) unsuccessful rounds of intrauterine insemination or of assisted reproductive know-how procedures; (iii) failed adoption matches; (iv) adoptions not finalized due to being contested by one other get together; (iv) failed surrogacy agreements; (v) diagnoses that negatively affect being pregnant or fertility; and (vi) stillbirths.
As well as to the expanded circumstances when staff can take unpaid bereavement go away, the FBLA gives particular procedures employers should comply with in the event that they require staff searching for go away associated to being pregnant or adoption to submit “reasonable documentation” verifying such request.
If employers select to require staff searching for a pregnancy- or adoption-related bereavement go away to present cheap documentation, they need to adhere to the next pointers when doing so:
The documentation requested should be a selected kind printed by the Illinois Division of Labor to be crammed out by the medical skilled treating the troubled member of the family or the company coordinating the surrogacy or adoption;
The documentation should certify that the worker skilled an occasion coated by the regulation relating to a failed being pregnant, assistive replica process, adoption, or surrogacy; and
The employer should chorus from requiring as a part of requesting cheap documentation that the worker determine the precise occasion class for which the worker is searching for go away.