Under the law, Illinois employers with at least 50 employees must provide employees who suffered the loss of a child with up to two weeks (10 work days) of unpaid leave. The law also provides for a cause of action against employers (as defined by the FMLA) who retaliate against employees who (1) need time off work due to the death of a child, (2) oppose practices that they believe violate the Act, or (3) supports the exercise of rights of another under this Act.
Some caveats include:
- The bereavement leave must be completed within 60 days after the the employee receives notice of the death of the child.
- The employee must provide the employer with at least 48 hours' advance notice of the employee's intention to take bereavement leave, unless providing such notice is not reasonable and practicable.
- An employer may require reasonable documentation (such as a death certificate, a published obituary).