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, where he is Head of the Restrictive Covenants, Trade Secrets & Unfair Competition Group and Co-Head of the Whistleblowing & Retaliation Group.

Employment, Restrictive Covenant & Trade Secret, and Whistleblower

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

Employment, Restrictive Covenant & Trade Secret, and Whistleblower Practice. Steven’s national practice focuses on defending companies in federal and state courts and in arbitration fora against the full spectrum of employment-related claims, including claims of executives; restrictive covenant violations; employee raiding; theft of trade secrets; whistleblower retaliation under the Sarbanes-Oxley Act, the Dodd-Frank Act and similar state laws; and wage-and-hour violations, including class, collective and PAGA actions.

Steven has successfully handled trials in multiple jurisdictions; prevailed in seeking and defending against applications for temporary restraining orders and preliminary injunctions; defended one of the largest Illinois-only class actions in the history of the federal courts in Illinois (over 90k putative class members); and prevailed following his oral arguments before federal and state appellate courts. He brings his litigation experience (beginning in 1998) to bear in counseling clients to minimize risk and avoid or prepare for success in litigation.

Investigations. Reporting to boards of directors, their audit committees, CEOs and in-house counsel, Steven conducts sensitive investigations and has the unusual experience of testifying in federal court in connection with investigations. 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.

Thought Leadership and Accolades. Steven was named 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 has reported:

  • Steven is “one of the best in the country and has a lot of experience”;
  • Steven is as an “outstanding lawyer” who is “very sharp and very responsive,” a “strong advocate,” and an “expert in his field”;
  • He is thoughtful, attentive and demonstrates an acute understanding of matters top of mind for business-minded general counsel; and
  • “He is someone who can navigate the twists and turns of litigation without difficulty.”

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 U.S. Library of Congress Burton Award Winner for “Distinguished Legal Writing.”

Steven was appointed to Law360’s Employment Editorial Advisory Board and selected as a Contributor to Forbes.com. He has appeared on Bloomberg News (television and radio) and Yahoo! Finance, and is often 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.

In 2024, Steven received the Excellence in Pro Bono Service Award from the United States District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association.