Child Extended Bereavement Leave Act FAQ

The Child Extended Bereavement Leave Act (CEBLA) entitles eligible employees to up to 12 weeks of unpaid leave if the employee experiences the loss of a child by suicide or homicide. 

Under the CEBLA, “employee” means “a full-time employee of a large employer or a small employer who has worked for that employer for at least 2 weeks.” 820 ILCS 156/5.

Employee does not include full-time employees of the State of Illinois UNLESS those employees are ineligible or family responsibility leave or a leave of absence without pay.

Under the CEBLA, “large employer” means “a person or entity, other than the federal government or an agency of the federal government, that employs 250 or more employees on a full-time basis in Illinois.” 820 ILCS 156/5.

Under the CEBLA, “small employer” means “a person or entity, other than the federal government or an agency of the federal government, that employs at least 50 but fewer than 250 employees on a full-time basis in Illinois.” 820 ILCS 156/5.

Under the CEBLA, an employer needs to have at least 50 employees within the state of Illinois to be considered a “small employer” and at least 250 employees within the state of Illinois to be considered a “large employer.” If an employer does not have at least 50 employees within the state of Illinois, then their employees are not eligible to receive CEBLA leave.

Under the CEBLA, an eligible employee is a full-time employee. Unfortunately, part-time employees are not eligible to receive CEBLA leave. 

The CEBLA does not exempt eligible employees covered by a collective bargaining agreement. In other words, if an employee meets the other eligibility requirements, then they are covered by the CEBLA, even if they are covered by a collective bargaining agreement. 

Employees of large employers are entitled to take up to 12 weeks of unpaid leave.

Employees of small employers are entitled to take up to 6 weeks of unpaid leave. 

A child is defined as “an employee’s biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis.” 820 ILCS 156/5.

An employee can use CEBLA leave if they experience the loss of a child by suicide or homicide. 

No. The CEBLA allows an employee to use their CEBLA leave either all at once or “intermittently in increments of no less than 4 hours.” 820 ILCS 156/10(c). 

Yes. Employees must complete their CEBLA leave within one year after the employee notifies the employer of the loss. 

Yes, an employer may require reasonable documentation from an employee requesting CEBLA leave. Not all employers will require documentation for CEBLA. Reasonable documentation may include:

     i. Death certificate;

    ii. Published obituary;

   iii. Written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

Additionally, an employer may require that the documentation include the cause of death.

Yes, an employer may require reasonable advance notice of the employee’s intent to take CEBLA leave, unless providing such notice is not reasonable or practicable.

No. an employee may choose to substitute any paid leave time an employer provides for time taken under the CEBLA. For example, if a large employer provides 1 week of paid bereavement leave and 2 weeks of PTO, an employee may choose to substitute 3 weeks of their unpaid CEBLA leave with the 3 weeks of PTO and paid bereavement leave, leaving the employee with 9 weeks of unpaid CEBLA leave. However, an employer cannot require an employee to use any paid leave time to cover the 6 or 12 weeks of unpaid CEBLA leave.

No. The FBLA states that “a person who uses leave under the Child Extended Bereavement Leave Act because of the death of a child may not take leave under this Act because of the death of the same child.” 820 ILCS 154/35.

A full-time employee must have worked for their employer for at least 2 weeks to be eligible to use CEBLA leave.

Yes. Upon return from an CEBLA leave, an employee is entitled to be restored the position they held when the leave started, or to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

No. An employee cannot lose any employment benefit that was accrued prior to their taking CEBLA leave.

No. The Act does not entitle employees to:

      i. The accrual of any seniority or employment benefits during any period of leave; or

      ii. Any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

Any employee who is covered by the CEBLA may file a CEBLA complaint with IDOL. CEBLA complaint forms are available on IDOL’s website. To download a CEBLA complaint form, click here.

A CEBLA complaint form is available on the Illinois Department of Labor website. For more information about CEBLA, contact IDOL Leave Rights Division at:

o   DOL.LeaveRights@illinois.gov

o   312-793-2600

A CEBLA complaint must be filed with IDOL within one (1) year after the date of the last even constituting the alleged violation for which the action is brought. Employees may also file a private civil action in the circuit court of the county in which they worked.

No, because CEBLA complaints are specific to each individual complainant’s circumstances. Anonymous complaints cannot be investigated.

Your complaint will be reviewed by the Leave Rights Division staff. If your complaint moves forward to an investigation, it will be assigned to a Labor Conciliator who will reach out to the employee.

No, an employee does not need an attorney to file a CEBLA complaint with IDOL.

Additional questions may be directed to the IDOL Leave Rights Division at:

o   DOL.LeaveRights@illinois.gov

o   312-793-2600