Family Bereavement Leave Act FAQs

The Family Bereavement Leave Act (FBLA) entitles eligible employees to up to 2 weeks (10 workdays) of unpaid leave time following: the death of a covered family member, stillbirth, miscarriage, unsuccessful reproductive procedure, failed adoption match or unfinalized adoption agreement, failed surrogacy agreement, or diagnosis that negatively impacts pregnancy or fertility. Employees are entitled to up to 6 weeks of leave in the event of the death of more than one covered family member in a 12-month period.

FBLA leave time may be used to attend the funeral or alternative to a funeral of a covered family member, make arrangements necessitated by the death, or to grieve. FBLA leave must be completed within 60 days after the date the employee receives notice of the event. 

Employers are entitled to 48 hours of notice before the leave, unless it is not practicable. Employers may require documentation to verify the necessity for the requested Family Bereavement leave.

Adopted in 2016, the Child Bereavement Leave Act (CBLA) provided employees unpaid leave time following the death of a child. In 2022, the Illinois General Assembly passed, and Governor Pritzker signed into law Public Act 102-1050, which renames the Child Bereavement Leave Act to the Family Bereavement Leave Act, and provides expanded leave rights for eligible employees. The FBLA will be in effect as of January 1, 2023.

Eligible employees may take FBLA leave for the death of a covered family member. A “covered family member” is a child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.

“Domestic partner” means

• the person recognized as the domestic partner of the employee under any domestic partnership agreement or civil union of law of a state of political division of a state, or
• an unmarried adult person who is in a committed, personal relationship with the employee, who is not a domestic as described in (a) and who is not in a committed relationship with another person, AND who is designated to the employer by the employee as the employee’s domestic partner.

An employee is eligible for FBLA leave after at least 1,250 hours of service with their employer during the prior 12-month period. All employers covered by the federal Family and Medical Leave Act (29 U.S.C. 2601 et seq.) must comply with the leave time requirements of the FBLA.

Eligible employees are entitled to up to 2 weeks (10 workdays) of unpaid leave time following any of the events listed under the FBLA. Employees are entitled to up to 6 weeks of leave in the event of multiple qualifying events in a 12-month period.

FBLA leave must be completed within 60 days after the date on which the employee receives notice of the death of a covered family member or event that qualifies the employee for FBLA leave.

An employee must provide their employer with at least 48 hours’ advance notice of the employee’s intent to take FBLA leave, unless providing such notice is not reasonable and practicable.

Employers may require employees to provide reasonable documentation from an employee requesting FBLA leave. However, the employer may not require that the employee identify which category of event the leave pertains to. Reasonable documentation may include a birth certificate, a publish obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

Reasonable documentation may also be provided by a health care practitioner or an adoption or surrogacy organization, or on a form provided on IDOL’s website. Download the FBLA documentation form here.

Employers may require an employee requesting FBLA leave to provide reasonable documentation for the leave. An employer may not require an employee to identify which category of event the FBLA leave pertains to as a condition of applying for or receiving leave.

In the event an employee experiences more than one qualifying event in a 12-month period, an employee is entitled to up to 6 weeks of unpaid leave time during the 12-month period. FBLA does not create a right for employees to take unpaid leave time that exceeds the unpaid leave time allowed under, or that is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993. (29 U.S.C. 2601 et seq.).  For example, if an employee has taken four weeks of FMLA leave, only two weeks of leave would be available under the FBLA even if an employee experiences multiple qualifying events.

In the of more than one qualifying event in a 12-month period, an eligible employee is entitled to up to a total of 6 weeks of bereavement leave during the 12-month period. The Act does not allow an employee to take unpaid leave time that exceeds the total unpaid leave time protected under FMLA.

To be eligible for FBLA an employee must:

• have worked for their employer for at least 12 months prior to requesting FBLA leave; and
• have actively worked for their employer for at least 1,250 work hours during the previous 12-month period.

Yes, an employer may request reasonable documentation from an employee requesting FBLA leave; however, the employer may not require the employee to identify the specific category of event the leave pertains to. Not all employers will require documentation for FBLA leave.  Reasonable documentation may include:

• death certificate;
• published obituary;
• written verification of death, burial, funeral or memorial services;
• documentation from a health care practitioner or adoption or surrogacy agency; certifying that the employee or the employee’s spouse, domestic partner, or surrogate, experienced an event that qualifies for FBLA leave; this documentation may be provided on a form available on IDOL’s website. Download the FBLA leave documentation form here.

Any employee that is an eligible employee under the Section 101(2) of the federal Family and Medical Leave Act of 1993 (FMLA) is covered by the FBLA and may file a FBLA complaint with IDOL. See FAQ #11 for the requirements to be an eligible employee. FBLA complaint forms are available on IDOL’s website. To download a FBLA complaint form, click here.

A FBLA complaint form is available on the Illinois Department of Labor website. For more information about FBLA, contact the IDOL Conciliation and Mediation Division at:

• DOL.Questions@Illinois.Gov
• (312)-793-6797

A FBLA complaint must be filed with IDOL within 60 days after the date of the last event constituting the alleged violation for which the action is brought. Employees may also file a private civil action in the Circuit Court.

No, FBLA complaints cannot be filed anonymously. FBLA complaints are specific to each individual complainant’s circumstances. Anonymous complaints cannot be investigated.

When a complaint is assigned to an investigator the complainant is notified by IDOL of the assigned investigator.

No, an employee does not need an attorney to file a FBLA complaint.

Additional questions may be directed to the IDOL Conciliation and Mediation Division, at

• DOL.Questions@Illinois.gov
• (312) 793-6797