Bereaved parents in Illinois now have the right to take up to 2 weeks or 10 work days of unpaid leave following the death of a child. Governor Rauner signed the law on July 29, 2016, effective immediately.
Employers should know the Act applies to the following circumstances. Under the Act, “Child” means an employee’s biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis (such as a grandparent raising a child). Eligible employees have the same requirements outlined in the federal Family and Medical Leave Act (29 U.S.C. 2601 et seq.), specifically 1,250 hours of service with the employer in the preceding 12 month period. Again mirroring the FMLA, in the Act, “Employer” means an employer of 50 or more employees.
The Act is designed to permit employees to:
- attend the funeral or alternative to a funeral of a child
- make arrangements necessitated by the death of the child; or
- grieve the death of the child.
Under the Act, the leave must be completed within 60 days after the date the employee receives notice of the child’s death. Unless unreasonable or impractical, the employee shall provide the employer with at least 48 hours’ advance notice of the leave. Employers may require reasonable documentation, including a death certificate, a published obituary, or written verification of death, burial, or memorial services.
In the unfortunate event of the death of more than one child in a 12-month period, an employee is entitled to a maximum of 6 weeks of bereavement leave during the 12-month period. Employers should note that while this Act expands the reach of the FMLA, it does not grant additional time off beyond that already provided by the FMLA.
The Department of Labor ensures compliance with the Act and has the power to punish employer violations. In addition, employees may bring a civil action for equitable relief against their employer for violations. Notably, the Act does not contain a fee shifting provision, so an employee who brings a civil action alleging violation will not be able to seek attorneys fees and costs from the employer.
Should you have any questions about the new Child Bereavement Leave Act, the FMLA or any other law that may affect your business, or would like to schedule a free initial consultation, please contact Waltz, Palmer & Dawson, LLC at (847)253-8800 or contact us online.
Waltz, Palmer & Dawson, LLC is a full-service law firm with various areas of service to assist your business, including: Employment Law, Intellectual Property, Commercial Real Estate, Business Immigration, Litigation and general Business Law services. Individual services include Estate Planning, Wills and Trusts, Probate, Guardianship, Divorce and Family Law.
This article constitutes attorney advertising. The material is for informational purposes only and does not constitute legal advice.
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