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Public Act 102-1050 Public Act 1050 102ND GENERAL ASSEMBLY |
Public Act 102-1050 | SB3120 Enrolled | LRB102 24118 SPS 33344 b |
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| AN ACT concerning employment.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Child Bereavement Leave Act is amended by | changing Sections 1, 5, and 10 as follows: | (820 ILCS 154/1)
| Sec. 1. Short title. This Act may be cited as the Family | Child Bereavement Leave Act.
| (Source: P.A. 99-703, eff. 7-29-16.) | (820 ILCS 154/5)
| Sec. 5. Definitions. In this Act: | "Assisted reproduction" means a method of achieving a | pregnancy through an artificial insemination or an embryo | transfer and includes gamete and embryo donation. "Assisted | reproduction" does not include any pregnancy achieved through | sexual intercourse. | "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. | "Covered family member" means an employee's child, | stepchild, spouse, domestic partner, sibling, parent, | mother-in-law, father-in-law, grandchild, grandparent, or |
| stepparent. | "Department" means the Department of Labor. | "Domestic partner", used with respect to an unmarried | employee, includes: | (1) the person recognized as the domestic partner of | the employee under any domestic partnership or civil union | law of a state or political subdivision of a state; or | (2) an unmarried adult person who is in a committed, | personal relationship with the employee, who is not a | domestic partner as described in paragraph (1) to or in | such a relationship with any other person, and who is | designated to the employee's employer by such employee as | that employee's domestic partner. | "Department" means the Department of Labor. | "Employee" means eligible employee, as defined by Section | 101(2) of the federal Family and Medical Leave Act of 1993 (29 | U.S.C. 2601 et seq.). | "Employer" means employer, as defined by Section 101(4) of | the federal Family and Medical Leave Act of 1993 (29 U.S.C. | 2601 et seq.).
| (Source: P.A. 99-703, eff. 7-29-16.) | (820 ILCS 154/10)
| Sec. 10. Bereavement Leave. | (a) All employees shall be entitled to use a maximum of 2 | weeks (10 work days) of unpaid bereavement leave to: |
| (1) attend the funeral or alternative to a funeral of | a covered family member child ; | (2) make arrangements necessitated by the death of the | covered family member; child; or | (3) grieve the death of the covered family member; or | child.
| (4) be absent from work due to (i) a miscarriage; (ii) | an unsuccessful round of intrauterine insemination or of | an assisted reproductive technology procedure; (iii) a | failed adoption match or an adoption that is not finalized | because it is contested by another party; (iv) a failed | surrogacy agreement; (v) a diagnosis that negatively | impacts pregnancy or fertility; or (vi) a stillbirth. | (b) Bereavement leave under subsection (a) of this Section | must be completed within 60 days after the date on which the | employee receives notice of the death of the covered family | member or the date on which an event listed under paragraph (4) | of subsection (a) occurs child . | (c) An employee shall 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. | (d) An employer may , but is not required to, require | reasonable documentation. Documentation may include a death | certificate, a published obituary, or written verification of | death, burial, or memorial services from a mortuary, funeral |
| home, burial society, crematorium, religious institution, or | government agency. For leave resulting from an event listed | under paragraph (4) of subsection (a), reasonable | documentation shall include a form, to be provided by the | Department, to be filled out by a health care practitioner who | has treated the employee or the employee's spouse or domestic | partner, or surrogate, for an event listed under paragraph (4) | of subsection (a), or documentation from the adoption or | surrogacy organization that the employee worked with related | to an event listed under paragraph (4) of subsection (a), | certifying that the employee or his or her spouse or domestic | partner has experienced an event listed under paragraph (4) of | subsection (a). The employer may not require that the employee | identify which category of event the leave pertains to as a | condition of exercising rights under this Act. | (e) In the event of the death of more than one covered | family member child in a 12-month period, an employee is | entitled to up to a total of 6 weeks of bereavement leave | during the 12-month period. This Act does not
create a right | for an employee to take unpaid leave that exceeds the unpaid | leave time allowed under, or is in addition to the unpaid leave | time permitted by, the federal Family and Medical Leave Act of | 1993 (29 U.S.C. 2601 et seq.).
| (Source: P.A. 99-703, eff. 7-29-16.)
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Effective Date: 1/1/2023
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