Bereavement Leave in Illinois
Yes, bereavement leave is required in Illinois
Illinois requires FMLA-covered employers (50 or more employees) to provide up to 10 workdays of unpaid bereavement leave following the death of a covered family member. Leave must be completed within 60 days. Illinois also covers pregnancy loss events. For the death of a child by suicide or homicide, employees at large employers (250+) may be entitled to up to 12 weeks under the Child Extended Bereavement Leave Act.
Key details
| Days allowed | Up to 10 days |
|---|---|
| Paid leave required? | No — Bereavement leave is unpaid unless your employer's existing policy provides for paid leave. You may use any accrued paid leave (family, medical, sick, annual, personal, or similar leave) in place of unpaid bereavement leave. |
| Employer size | Applies to employers with 50+ employees |
| Qualifying relationships | child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, stepparent |
| Consecutive days required? | No — Leave must be completed within 60 days after receiving notice of the death. In the event of the death of more than one covered family member in a 12-month period, an employee is entitled to up to 6 weeks total. |
| Effective date | July 29, 2016 |
| Statute | 820 ILCS 154 (Family Bereavement Leave Act) |
Bereavement leave in Illinois: what you need to know
Illinois has one of the most comprehensive bereavement leave laws in the country. The Family Bereavement Leave Act, first enacted in 2016 and expanded in subsequent years, requires FMLA-covered employers (those with 50 or more employees) to provide up to 10 days of unpaid bereavement leave following the death of a covered family member. What makes Illinois unusual is the breadth of circumstances the law covers beyond traditional bereavement.
Illinois law explicitly covers pregnancy loss events, including miscarriage, stillbirth, unsuccessful assisted reproduction (such as IVF), failed surrogacy agreements, failed adoptions, and diagnoses that negatively impact pregnancy or fertility. This makes Illinois one of very few states that legally recognizes these reproductive losses as events deserving of protected leave. For employees going through these deeply personal experiences, knowing that their job is protected can make a meaningful difference.
The Child Extended Bereavement Leave Act adds another layer. Employees at large employers (250 or more employees) who lose a child to suicide or homicide may be entitled to up to 12 weeks of unpaid, job-protected leave. This extended leave recognizes that the sudden, violent death of a child requires more time than a standard bereavement period.
Illinois employees should be aware of the eligibility requirements. You must work for an employer covered by the federal FMLA (50 or more employees), and you must have worked at least 1,250 hours in the 12 months before requesting leave. If you work for a smaller employer, the law does not apply, though many smaller Illinois employers offer bereavement leave voluntarily.
Illinois employees should also know about the Illinois Victims' Economic Security and Safety Act (VESSA), which may provide additional leave protections in certain bereavement situations. If a family member's death was the result of domestic violence, sexual assault, or other violent crime, VESSA may provide up to 12 weeks of unpaid leave for employees at workplaces with 50 or more employees. This leave can cover funeral and memorial arrangements, legal proceedings, and other activities related to the violent crime. VESSA protections are in addition to, not a replacement for, bereavement leave under the Family Bereavement Leave Act.
More Illinois workplace laws
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Frequently asked questions about bereavement leave in Illinois
Yes. Illinois is one of the few states that explicitly covers pregnancy loss under its bereavement leave law. Miscarriage, stillbirth, unsuccessful assisted reproduction, failed surrogacy, failed adoption, and diagnoses that negatively impact pregnancy or fertility are all covered qualifying events.
Yes. If more than one covered family member dies in a 12-month period, you are entitled to up to 6 weeks of leave total. Each death triggers a separate 10-day entitlement, subject to the 6-week annual cap.
This separate law provides up to 12 weeks of unpaid, job-protected leave for employees whose child dies by suicide or homicide. It applies to employers with 250 or more employees. The leave is in addition to any standard bereavement leave the employee is entitled to.
No. The Family Bereavement Leave Act only applies to employers covered by the federal FMLA, which generally means employers with 50 or more employees within a 75-mile radius. If your employer has fewer than 50 employees, you are not covered by this law, though your employer may have a voluntary bereavement policy.
The Family Bereavement Leave Act is structured as an amendment to FMLA, so the 10 days of bereavement leave come from the same 12-week FMLA entitlement. This means using bereavement leave may reduce the FMLA time available for other qualifying reasons during the same 12-month period. If you anticipate needing FMLA for another reason, plan accordingly.