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Illinois employers with at least 50 employees must provide employees who suffered the loss of a child with up to two weeks (10 work days) of unpaid leave under the new Child Bereavement Leave Act. The new law took effect immediately upon Governor Bruce Rauner's signature on July 29.
Covered Employees and Employers
Employees otherwise eligible to take leave under the federal Family and Medical Leave Act (FMLA) are eligible to take leave under the act.Employers under the act are defined in the same manner as they are under the FMLA, which covers employers with at least 50 employees. Thus, employers with fewer than 50 employees will not be required to provide leave under the act.The act provides that it does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time available under the FMLA. Therefore, it appears that an employee who has used all of his or her allotted 12 weeks of FMLA leave may not take an additional 10 days of leave under the act for reasons related to the death of a child.
Leave provided under the act must be used within 60 days after the employee receives notice of the death of his or her child.Employees may use unpaid bereavement leave:
Employee Option to Substitute Paid Leave
Prohibition Against Retaliation
Enforcement and Penalties
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