Illinois Enacts Child Extended Bereavement Leave Act Effective January 2024

What Changed

Illinois Governor J.B. Pritzker signed SB 2034 on August 4, 2023, creating the Child Extended Bereavement Leave Act. This new law expands the uses of bereavement leave in Illinois, providing eligible employees with extended unpaid leave following the loss of a child due to suicide or homicide, or if a family member is killed in a crime of violence.

The amount of leave varies based on employer size:

• Employers with 50 to 249 full-time employees: Must provide up to 6 weeks of unpaid bereavement leave.

• Employers with 250 or more full-time employees: Must provide up to 12 weeks of unpaid bereavement leave.

This leave is in addition to existing bereavement leave rights under the Illinois Family Bereavement Leave Act.

Who Is Affected

Illinois employers with 50 or more full-time employees are covered. The law protects employees who experience the devastating loss of a child (by suicide or homicide) or the murder of a family member in a crime of violence. Employees must have been employed for at least 12 months and worked at least 1,250 hours in the preceding 12-month period to be eligible — mirroring the FMLA eligibility requirements.

Where It Applies

Illinois statewide. The law applies to all covered employers operating within the state of Illinois.

When It Takes Effect

January 1, 2024. Employers should have updated policies and manager training in place before this date.

Why It Matters

Illinois has been at the forefront of expanding employee leave protections, and this law addresses a particularly tragic circumstance. Employers need to be prepared to administer this leave compassionately and in compliance with the law. The extended duration — up to 12 weeks for larger employers — is significant and may require careful coordination with other leave programs, including FMLA and any employer-provided bereavement policies.

Non-compliance could expose employers to claims under the Act, including reinstatement, back pay, and attorneys' fees.

The Humareso Take

This is one of those laws that we hope your organization never has to use — but you absolutely need to be prepared for it. The circumstances this law addresses are deeply tragic, and the last thing any employer wants is to handle a bereaved employee's leave request incorrectly. Make sure your HR team knows this law exists, understands the different leave durations based on company size, and is prepared to administer the leave with both legal compliance and human compassion. Update your handbook and bereavement policy before January 1.

Recommended Action Steps

1. Update your bereavement leave policy to include the new Child Extended Bereavement Leave provisions, specifying the applicable leave duration based on your company's full-time employee count.

2. Revise your employee handbook to reference the Child Extended Bereavement Leave Act and the qualifying circumstances (child loss due to suicide or homicide; family member killed in a crime of violence).

3. Train HR staff and managers on how to administer this leave, including eligibility requirements, documentation expectations, and the importance of handling requests with sensitivity.

4. Review the interaction with FMLA and other leave programs to determine how extended bereavement leave coordinates with existing leave entitlements.

5. Ensure your leave tracking system can accommodate the new leave category with the correct duration limits.

6. Contact your Humareso representative for assistance incorporating the Child Extended Bereavement Leave Act into your Illinois compliance framework.