Under Illinois bereavement leave law, eligible employees can take up to 10 unpaid, job-protected workdays after the death of a covered family member. The same 10 days also apply to miscarriage, stillbirth, a failed adoption or surrogacy, an unsuccessful fertility procedure, and certain diagnoses affecting pregnancy or fertility. A separate Illinois statute provides longer leave when a child dies by suicide or homicide.
Who Qualifies
The Family Bereavement Leave Act (FBLA) uses the federal FMLA’s definitions, so two conditions must be met. Your employer must be covered: private employers with 50 or more employees, and all public employers regardless of size.1Illinois Department of Labor. Family Bereavement Leave Act And you must have worked for that employer for at least 12 months and at least 1,250 hours during the 12 months before your leave starts.2eCFR. 29 CFR 825.110 – Eligible Employee
If you work for a state agency, county, city, school district, or any other Illinois government body, the 50-employee threshold does not apply. Your employer is covered no matter how small the workforce.
Family Members Covered
You can take FBLA leave for the death of your child, stepchild, spouse, domestic partner, sibling, parent, stepparent, mother-in-law, father-in-law, grandchild, or grandparent.3Illinois General Assembly. 820 ILCS 154 – Family Bereavement Leave Act
The domestic partner definition is broader than many people expect. It reaches partners recognized under any state’s civil union or domestic partnership law, and it also reaches an unmarried adult in a committed personal relationship whom you have designated to your employer as your domestic partner. No formal legal status is required.3Illinois General Assembly. 820 ILCS 154 – Family Bereavement Leave Act
What the Leave Covers
The FBLA covers two categories of events. The second one is easy to miss.
Death of a Family Member
You can use the leave to attend a funeral or memorial service, handle arrangements, or grieve. Grieving is expressly listed as a qualifying reason, so you do not have to tie your time off to a specific task like attending the funeral.3Illinois General Assembly. 820 ILCS 154 – Family Bereavement Leave Act
Pregnancy Loss and Fertility Events
The same 10 days apply if you experience any of the following:
- Miscarriage
- Stillbirth
- An unsuccessful round of intrauterine insemination or assisted reproductive technology
- A failed adoption match, or an adoption contested by another party
- A failed surrogacy agreement
- A diagnosis that negatively affects pregnancy or fertility
These events carry the same leave entitlement and the same job protections as the death of a family member.1Illinois Department of Labor. Family Bereavement Leave Act
How Long the Leave Lasts
The FBLA gives you a maximum of two weeks, meaning 10 workdays, per qualifying event. You must complete the leave within 60 days after you learn of the death or after the reproductive event occurs.3Illinois General Assembly. 820 ILCS 154 – Family Bereavement Leave Act
The leave is unpaid. Employers are not required to pay you during FBLA leave, though some offer paid bereavement time as a benefit. Where an employer’s paid leave meets or exceeds the FBLA’s terms, that paid leave counts toward your entitlement.
Notice and Documentation
Give your employer at least 48 hours’ advance notice before taking leave, unless the circumstances make that unreasonable.1Illinois Department of Labor. Family Bereavement Leave Act A sudden death rarely allows for advance planning, and the statute accounts for that.
Your employer may request reasonable documentation but is not required to. Acceptable documentation includes a death certificate, a published obituary, or written verification from a funeral home, religious institution, or government agency.3Illinois General Assembly. 820 ILCS 154 – Family Bereavement Leave Act
Longer Leave When a Child Dies by Suicide or Homicide
A separate law, the Child Extended Bereavement Leave Act (CEBLA), provides more time when a child dies by suicide or homicide. The amount depends on your employer’s size:
- Employers with 250 or more employees: up to 12 weeks
- Employers with 50 to 249 employees: up to 6 weeks
Employers with fewer than 50 employees are not covered by CEBLA.4Illinois General Assembly. 820 ILCS 156 – Child Extended Bereavement Leave Act Eligibility is easier to meet than under the FBLA: you need only be a full-time employee who has worked for the employer for at least two weeks.
You have up to one year after notifying your employer of the loss to complete CEBLA leave, and you can take it all at once or intermittently in blocks of at least four hours.4Illinois General Assembly. 820 ILCS 156 – Child Extended Bereavement Leave Act
Retaliation Is Prohibited
Your employer cannot fire you, demote you, cut your hours, discipline you, or take any other adverse action because you used FBLA leave. The protection also covers filing a complaint, participating in an investigation, or supporting a coworker who is asserting FBLA rights.5Illinois General Assembly. 820 ILCS 154/20 – Unlawful Employer Practices
Practically, this means your employer cannot count FBLA leave against you in an attendance policy, hold it against you in a performance review, or use it as a reason to pass you over for a promotion.
How to Enforce Your Rights
The Illinois Department of Labor administers the FBLA. If you believe your employer violated the law, you can file a complaint with the Department, which can investigate and refer the matter for a formal hearing.6Illinois General Assembly. 820 ILCS 154/25 – Department Responsibilities Complaint forms are available on the Department’s website.1Illinois Department of Labor. Family Bereavement Leave Act
When the Department finds a violation, it can impose civil penalties and order the employer to pay unpaid wages and damages, and it can go to court to collect them. The Illinois Attorney General has authority to enforce collection of any penalties imposed.6Illinois General Assembly. 820 ILCS 154/25 – Department Responsibilities
How This Fits With FMLA and VESSA
The federal Family and Medical Leave Act does not cover bereavement as a qualifying reason, so the FBLA fills that gap. Because the two laws share eligibility definitions, employees who qualify under one generally qualify under the other. If you are already on FMLA leave when a covered family member dies, you can shift to FBLA leave for the bereavement period.
The Illinois Victims’ Economic Security and Safety Act (VESSA) covers employees affected by domestic violence, sexual violence, gender violence, and other crimes of violence, including attending the funeral of a family member killed in a violent crime, making arrangements, and grieving that loss.7Illinois General Assembly. 820 ILCS 180 – Victims Economic Security and Safety Act For employers with 50 or more employees, VESSA provides up to 12 workweeks in a 12-month period. When a family member is killed in a violent crime, you may have rights under VESSA and the FBLA at once, and under CEBLA as well if the person who died was your child. Ask your HR department which protections apply to your situation so you know how much leave you have and which law is protecting your job at each stage.