Public Act 102-1050, effective January 1, 2023, renames the Child Bereavement Leave Act to the Family Bereavement Leave Act (“FBLA”) and expands the reasons employees may take unpaid leave under the law. The FBLA allows employees to take up to 10 days of unpaid leave for the death of a “covered family member,” which is defined to include the employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.
Additionally, the FBLA allows employees to take up to 10 days of unpaid leave for the following reasons: (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 employee must complete the leave within 60 days of the death or other event giving rise to the need for leave and must provide at least 48 hours’ notice of their intention to take bereavement leave, unless providing advance notice is not reasonable or practicable. Employers may require employees to provide documentation substantiating the reason for leave but are limited in their ability to ask about which qualifying reason applies.
Source: P.A. 102-1050
