Making Sense of Illinois’ Mandatory Bereavement Leave

play icon A woman with curly dark hair, wearing a tan knit sweater and light pants, leans against a marble countertop in a bright, modern kitchen. The kitchen features navy blue cabinets, a brass sink, and a window allowing natural light to fill the space while she thinks about Illinois S.B. 3120 concerning bereavement leave requirements.

Illinois’ Family Bereavement Leave Act now requires employers with fifty or more employees to provide ten days of unpaid bereavement leave. Sparrow’s Legal and Compliance team summarizes how this might affect your company’s leave administration.


Effective January 1, 2023, the Family Bereavement Leave Act (Illinois S.B. 3120) will require employers with at least 50 employees to provide up to 10 days of unpaid leave to employees who are absent due to:

  • A miscarriage;
  • An unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure (e.g., artificial insemination or embryo transfer);
  • A failed adoption match or an adoption that is not finalized because it is contested by another party;
  • A diagnosis that negatively impacts pregnancy or fertility; or
  • A stillbirth

Like the FMLA, employees become eligible for unpaid bereavement leave under Illinois law after 12 months of employment and at least 1,250 hours worked within the previous 12-month period. Bereavement leave must be completed within 60 days of the covered event.

With the ever-evolving landscape of employee leave, Sparrow’s here to keep you informed and help businesses like yours care for their employees.

Learn how our end-to-end leave management service does the heavy lifting for People teams while creating a stress-free employee experience.

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