Making sense of Illinois’ Mandatory Bereavement Leave

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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.

This is an active time for leave-related legislation. Each year, states, like Illinois, review and revise their legislation to make it more accessible. If your team is managing leave in multiple states, staying abreast of these frequent changes can be a struggle. Outsourcing employee leave to Sparrow, the first true end-to-end leave management provider for modern employers, can provide you with confidence in your leave compliance.