Illinois Enacts Child Bereavement Act

The state of Illinois enacted a statewide Child Bereavement Act, which went into effect on July 29, 2016.  The purpose of the act is to give adequate time for employees to tend to the death and grieving of children without concern of the risk of losing their job.

Who is Eligible?

Companies with at least 50 employees fall under governance of the Child Bereavement Act.  Employees who have completed 1,250 hours of service with a given employer within the past 12 months are eligible for coverage under the Act.

What the Act Provides?

The Act provides for up to two weeks (10 working days) of unpaid leave to an employee who has experienced the death of a child.  A “child” is defined as a son or daughter who is biological or adopted, is a foster or stepchild or a child for whom the employee is a legal word or is standing in as a loco parentis.

The 10 days may be used to make arrangements necessitated by the death of the child, to attend the funeral and to grief the death of the child.  Leave must be completed within 60 days of notification of death of the child.

If more than one child dies within 12 months, the employee is entitled up to a maximum of six weeks of unpaid leave within the 12 month period.

Requirements and Limitations

Where reasonable and practicable, employees are asked to provide 48 hours notice to the employer concerning their leave.  The amount of unpaid time used cannot exceed the leave provided under the Family and Medical Leave Act (FMLA)  For instance, if an employee has used their allotted time under the FMLA (12 weeks) they are not eligible for the additional 10 days of Child Bereavement Leave.

Employers may require employees to provide appropriate documentation.  Appropriate documentation may include a death certificate, published obituary, written document of death by official, etc.

If paid time off is provided under other sources (such as company sick leave, union contract, etc.), then employees may use the paid leaves in lieu of the unpaid benefit under the Act.

Violations

Employers who violate the Act may receive a first time fine of $500 and $1000 for each subsequent violation.

Eligible Illinois employers will want to ensure that their company policies and employee handbooks are updated to reflect the provisions under this new Act.