New Family Bereavement Leave Act in Illinois – Effective January 1, 2023

Illinois has enacted the Family Bereavement Leave Act (FBLA) which will become effective on January 1, 2023.  The new Act provides that all employees shall be entitled to use a maximum of 2 weeks (10 work days) of unpaid bereavement leave to 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.

The act provides that the employer may not require that the employee identify which category of event the leave pertains to as a condition of exercising rights under the Act.

The new benefit is not in addition to FMLA benefits.