Bereavement Leave Illinois: What the Family Bereavement Leave Act Covers

What the Family Bereavement Leave Act Provides

Illinois's Family Bereavement Leave Act (FBLA) grants eligible employees up to 10 unpaid workdays of leave following the death of a covered family member. For a child's death by suicide or homicide, eligible full-time employees may instead qualify for 6 weeks of unpaid leave at employers with 50–249 full-time employees in Illinois, or 12 weeks at employers with 250 or more, under the separate Child Extended Bereavement Leave Act.

All public employers and private employers with 50 or more employees are covered. To qualify for FBLA leave, you must have worked at least 1,250 hours for the employer during the preceding 12 months.

The leave is unpaid, but you can use accrued PTO, vacation, or sick time to cover the absence. The 10 days do not need to be taken consecutively. Leave must be completed within 60 days after you receive notice of the qualifying event; if there are multiple qualifying events, the total is capped at six weeks in a 12-month period.

Covered Relationships

Illinois covers a wide range of family relationships:

• Spouse or domestic partner
• Child (biological, adopted, foster, or stepchild)
• Parent, stepparent, parent-in-law, or legal guardian
• Sibling or stepsibling
• Grandparent or grandchild

The FBLA also covers miscarriage, stillbirth, unsuccessful reproductive procedures, failed adoption matches or unfinalized adoption agreements, failed surrogacy agreements, and diagnoses that negatively affect pregnancy or fertility — making it one of the most comprehensive state bereavement laws in the country.

Additional Protections After a Child's Suicide or Homicide

If your child dies by suicide or homicide, the Child Extended Bereavement Leave Act provides unpaid, job-protected leave for eligible full-time employees who have worked for the employer for at least two weeks. Employers with 50–249 full-time employees in Illinois provide up to six weeks; employers with 250 or more provide up to 12 weeks.

You cannot use both CEBLA and FBLA leave for the death of the same child.

Documentation and Notification

For FBLA leave, provide at least 48 hours' advance notice unless that is not reasonable and practicable. For CEBLA leave, your employer may require reasonable advance notice unless that is not reasonable or practicable.

For either law, your employer may request reasonable documentation, such as a death certificate, obituary, or written verification from a funeral or memorial service provider. Ask HR which forms are accepted for the type of leave you are requesting.

How FBLA Interacts with FMLA

The FBLA and FMLA have different qualifying reasons. The FBLA provides up to 10 workdays for bereavement, and the law says it does not create unpaid leave beyond or in addition to the time allowed under FMLA. If grief develops into a serious health condition, FMLA may apply if you and your employer meet its eligibility requirements; do not assume that it adds a fresh 12 weeks to bereavement leave.

For employees managing both grief and estate settlement, the 10 bereavement days can cover the immediate aftermath — funeral, initial bank notifications, and securing property. FMLA may separately cover a qualifying serious health condition; ask HR how leave will be designated and what FMLA balance is available.

The Returning to Work After Bereavement toolkit helps you coordinate these overlapping timelines with a deadline tracker and communication templates designed for Illinois-specific scenarios.