Beginning January 1, 2024, employers in Illinois should take note of new and expanded leave entitlements for bereavement and organ donation, as summarized below.

Victim’s Economic Security and Safety Act

On July 28, 2023, Governor Pritzker signed into law amendments to the Victim’s Economic Security and Safety Act (VESSA). As a reminder, VESSA applies to all employers in Illinois and requires them to provide unpaid leave if an employee or an employee’s family member is a victim of domestic, sexual, or gender violence or crimes of violence. For additional information on VESSA, see here.

The amendments expand the reasons an employee may take leave to include:

• Attend the funeral or alternative to funeral or wake of a family or household member who is killed in a crime of violence,
• Make arrangements necessitated by the death of a family or household member who is killed in a crime of violence; or
• Grieve the death of a family or household member who is killed in a crime of violence.

An employee who takes leave for one of the three new reasons above, is entitled to a total of two workweeks of unpaid leave (10 workdays), which must be completed within 60 days after the employee receives notice of the death of the victim.

Under VESSA, an employer may require documentation certifying the need for leave.

This law must be coordinated with Illinois’ Family Bereavement Leave Act (FBLA) which entitles eligible employees to up to two weeks (10 workdays) of unpaid leave time following the death of a covered family member. See prior Benefit Beat article here.

If an employee is entitled to leave under FBLA, amended VESSA does not create a right for the employee to take bereavement leave that exceeds or is in addition to leave to which the employee is entitled under FBLA.

If an employee is not entitled to leave under FBLA, leave taken for the three new reasons above will be deducted from, and is not in addition to, the total amount of leave time to which an employee is entitled.

Child Extended Bereavement Leave Act

On August 4, 2023, Governor J.B. Pritzker signed the Child Extended Bereavement Leave Act (CEBLA) which requires Illinois employers (based on size) to provide additional amounts of unpaid leave to employees who suffer the loss of a child due to homicide or suicide.

Employers in Illinois with 50 to 249 full-time employees will be required to provide 6 weeks of unpaid leave or for employers with 250 or more employees, 12 weeks of unpaid protected leave to employees who have lost a child due to suicide or homicide.

An employee must have worked for his/her employer for at least two weeks before being able to take CEBLA leave. Employees will be entitled to take leave continuously or intermittently in increments of at least four hours, so long as the duration of the leave is completed within one year of the employee notifying his/her employer of the loss.

Employers can require reasonable advance notice and documentation from employees intending to take CEBLA leave. Required documentation can be in the form of a death certificate, published obituary, or other written verification of death. An employer can also require that the documentation states the child’s cause of death.

When returning from bereavement leave, employees are entitled to the position held when the leave began. If that position has been filled or is no longer available, returning employees are entitled to an equivalent position with equivalent pay, benefits, and job responsibilities.

This law must be coordinated with Illinois’ Victim’s Economic Security and Safety Act (VESSA) and Family Bereavement Leave Act (FBLA). If an employee takes unpaid leave under the CEBLA, he/she cannot also seek additional unpaid leave under the FBLA relating to the same bereavement.

Employee Blood and Organ Donation Leave Act

The Illinois Employee Blood Donation Leave Act requires employers with 51 or more employees to provide eligible employees with one hour to donate blood every 56 days.

The new law requires employers to provide eligible employees with up to 10 days of paid leave in any 12-month period to serve as an organ donor.

The Department of Public Health must adopt rules that (i) establish conditions and procedures for requesting and approving leave and (ii) require medical documentation of the proposed blood or organ donation before leave is approved by the employer.

The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations. This information is provided as general guidance and may be affected by changes in law or regulation. This information is not intended to replace or substitute for accounting or other professional advice. You must consult your own attorney or tax advisor for assistance in specific situations. This information is provided as-is, with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.