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Illinois Passes Child Bereavement Leave Act To Provide Rights If A Child Dies


Illinois just passed a law that provides for a cause of action against larger employers (those governed by the Family Medical Leave Act) who retaliate against employees who need time off work due to the death of a child. Employees are entitled to 10 days of unpaid leave. It is sad that we need such a law in this state. Any reasonable employer would allow an employee time off to go to a child’s funeral. Here is the core portion of the law:

(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 child;
  2. Make arrangements necessitated by the death of the child; or
  3. Grieve the death of the child.