On July 29, 2016, Illinois Governor Bruce Rauner signed into law the Illinois Child Bereavement Leave Act (the “Act”). The Act, which became effective upon signing, provides certain Illinois employees up to ten workdays of unpaid leave to grieve the death of a child.  Employees who have been employed for twelve months or longer and worked at least 1,250 hours during the previous twelve-month period for an employer with fifty or more employees are eligible for bereavement leave under the Act.  Eligible employees may request and take leave for the death of a biological, adopted or foster child, stepchild, legal ward or a child of a person standing in loco parentis.  The leave may be used to: attend the child’s funeral or an alternative to a funeral; make arrangements necessitated by the child’s death; or grieve the death of the child.

If an employee intends to take leave under the Act, notice to the employer must be provided at least forty-eight hours’ in advance, if reasonable and practicable.  Employers may also require reasonable documentation (e.g., death certificate, published obituary, or written verification of death, burial or memorial services).  The bereavement leave must be completed within sixty days from the date the employee receives notice of his or her child’s passing.  In lieu of unpaid leave, an eligible employee may elect to take leave pursuant to a different leave policy or obligation provided by the employer, under a collective bargaining agreement, or under applicable law (e.g., family, medical, sick, annual, or personal leave).  The Act does not grant eligible employees right to take leave that exceeds, or is in addition to, the unpaid leave time allowed under the federal Family and Medical Leave Act.

In the event of the death of more than one child in a twelve-month period, an employee may take up to six weeks of bereavement leave during that period.

Employers are prohibited from taking adverse action against employees exercising their rights under the Act, opposing practices that employees believe are in violation of the Act, or supporting other employees who request or use the bereavement leave.

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Photo of Steven J. Pearlman Steven J. Pearlman

Steven J. Pearlman is a partner in the Labor & Employment Law Department and Co-Head of the Whistleblowing & Retaliation Group and the Restrictive Covenants, Trade Secrets & Unfair Competition Group.

Steven’s practice covers the full spectrum of employment law, with a particular…

Steven J. Pearlman is a partner in the Labor & Employment Law Department and Co-Head of the Whistleblowing & Retaliation Group and the Restrictive Covenants, Trade Secrets & Unfair Competition Group.

Steven’s practice covers the full spectrum of employment law, with a particular focus on defending companies against claims of employment discrimination, retaliation and harassment; whistleblower retaliation; restrictive covenant violations; theft of trade secrets; and wage-and-hour violations. He has successfully tried cases in multiple jurisdictions, and defended one of the largest Illinois-only class actions in the history of the U.S. District Court for the Northern District of Illinois. He also secured one of only a few ex parte seizures orders that have been issued under the Defend Trade Secrets Act, and obtained a world-wide injunction in federal litigation against a high-level executive who jumped ship to a competitor.

Reporting to boards of directors, their audit committees, CEOs and in-house counsel, Steven conducts sensitive investigations and has testified in federal court. His investigations have involved complaints of sexual harassment involving C-suite officers; systemic violations of employment laws and company policies; and fraud, compliance failures and unethical conduct.

Steven was recognized as Lawyer of the Year for Chicago Labor & Employment Litigation in the 2023 edition of The Best Lawyers in America. He is a Fellow of the College of Labor and Employment Lawyers.  Chambers describes Steven as an “outstanding lawyer” who is “very sharp and very responsive,” a “strong advocate,” and an “expert in his field.” Steven was 1 of 12 individuals selected by Compliance Week as a “Top Mind.” Earlier in his career, he was 1 of 5 U.S. lawyers selected by Law360 as a “Rising Star Under 40” in the area of employment law and 1 of “40 Illinois Attorneys Under Forty to Watch” selected by Law Bulletin Publishing Company. Steven is a Burton Award Winner (U.S. Library of Congress) for “Distinguished Legal Writing.”

Steven has served on Law360’s Employment Editorial Advisory Board and is a Contributor to Forbes.com. He has appeared on Bloomberg News (television and radio) and Yahoo! Finance, and is regularly quoted in leading publications such as The Wall Street Journal.

The U.S. Chamber of Commerce has engaged Steven to serve as lead counsel on amicus briefs to the U.S. Supreme Court and federal circuit courts of appeal. He was appointed to serve as a Special Assistant Attorney General for the State of Illinois in employment litigation matters. He has presented with the Solicitor of the DOL, the Acting Chair of the EEOC, an EEOC Commissioner, Legal Counsel to the EEOC and heads of the SEC, CFTC and OSHA whistleblower programs. He is also a member of the Sedona Conference, focusing on trade secret matters.