Bereavement Leave Laws in Illinois: What Employers Must Allow

The Family and Medical Leave Act (FMLA), codified at 29 U.S.C. § 2601, is the primary federal law addressing bereavement leave. The FMLA applies to employers with 50 or more employees and covers employees who have worked there for at least 12 months and 1,250 hours. Under the FMLA, employees may take up to 12 weeks of unpaid, job-protected leave in a 12-month period for "a serious health condition of the employee or a family member." In 2020, the FMLA was expanded to include leave for bereavement related to COVID-19, though this expansion was temporary.

Crucially, the FMLA defines qualifying deaths narrowly: leave applies only for the death of a spouse, son, daughter, or parent—not extended family members like grandparents, siblings, or in-laws unless they also qualify as "in loco parentis." The leave is unpaid unless the employer has a paid leave policy that covers bereavement. Employees must provide notice as practicable, and employers may require medical certification or death certificates. The EEOC enforces the FMLA, though complaints often proceed through the Department of Labor Wage and Hour Division.

Small employers (fewer than 50 employees) are not covered by the FMLA, leaving employees at those companies with no federal bereavement leave entitlement.

Illinois has no general state law requiring private employers to provide bereavement leave. This is a significant gap compared to some states, which mandate paid time off for qualifying deaths. However, Illinois does protect public sector employees through the Illinois Funeral Leave Act (5 ILCS § 315/1), which requires state and local public agencies to grant paid funeral leave to employees. Public employees are typically entitled to a reasonable amount of time off to attend the funeral of a family member, though the statute does not specify an exact duration—instead deferring to agency policy and collective bargaining agreements.

The Illinois Human Rights Act (775 ILCS § 5/1-101) prohibits employment discrimination based on protected characteristics (race, color, religion, sex, national origin, age, disability, sexual orientation, and gender identity), but it does not create a bereavement leave entitlement. An employer in Illinois cannot discriminate in the denial of bereavement leave based on a protected class, but it can deny bereavement leave to all employees equally without violating state law.

Many Illinois employers, particularly larger organizations and unionized workplaces, voluntarily offer bereavement leave as a company benefit, often providing 3–5 days of paid leave for immediate family deaths. However, this is a matter of employer choice, not legal obligation. Employees should check their employee handbook or company policy to understand whether bereavement leave is available. Unlike federal FMLA protections, Illinois state law provides no minimum standard for private sector bereavement leave, and an employer's refusal to offer any bereavement leave does not constitute a violation of state law unless discrimination is involved.

The FMLA does not cover employers with fewer than 50 employees, immediately excluding most small businesses in Illinois from any federal bereavement leave requirement. Even at covered employers, the FMLA only recognizes deaths of a spouse, child, or parent—grandparents, siblings, aunts, uncles, cousins, and in-laws are not covered unless the employee can establish an "in loco parentis" relationship (meaning the deceased parent-figure raised the employee as a child). Employees who have not worked 12 months or 1,250 hours are ineligible even at covered employers.

Employers may deny FMLA leave if the employee fails to follow notice procedures or if the employer does not provide required notices to employees. Employers may also require certification of death (death certificate) or proof of family relationship. Some employers may substitute paid time off (vacation, sick leave) for FMLA bereavement leave, which complies with federal law as long as the leave is paid and protected.

In Illinois, private sector employees have no bereavement leave right absent a contract, union agreement, or company policy—so an employer can legally deny time off even for an immediate family death. For public sector employees, bereavement leave may be limited by collective bargaining agreements, employer policy, or statutory language specific to the agency. Additionally, the Illinois Funeral Leave Act applies only to state and local government agencies, not private employers. At-will employment in Illinois does not protect an employee from termination for taking unpaid, personally arranged time off for a funeral, though FMLA-protected leave cannot result in job loss.

Step 1: Document the death and your family relationship. Obtain a death certificate and note the date of death, your relationship to the deceased, and the date you requested or were denied bereavement leave. Keep copies of emails, text messages, or written leave requests and any employer response. Document the company's bereavement leave policy (or lack thereof) by saving the employee handbook or written policy.

Step 2: Review your company's bereavement leave policy and determine eligibility. Check your employee handbook, company intranet, or ask HR directly about bereavement leave eligibility, length of leave, and required notice procedures. If no policy exists, note this in writing. Understand whether your employer is covered by the FMLA (generally, 50+ employees) and whether you meet the eligibility test (12 months employed, 1,250 hours worked). Report your concern internally by notifying HR or your manager in writing (email is acceptable) about your request for bereavement leave, the family member's death, and the date of the funeral.

Step 3: File a complaint with the appropriate agency if your rights are violated. If your employer is FMLA-covered (50+ employees) and you were denied FMLA-qualifying leave (death of spouse, child, or parent) or terminated for taking FMLA leave, file a complaint with the U.S. Department of Labor, Wage and Hour Division. File online at www.dol.gov/agencies/whd/contact or call 1-866-4-USDOL (1-866-487-3652). You have up to 2 years from the violation to file (3 years if willful). If you are a public sector employee denied funeral leave, file a complaint with the Illinois Department of Human Rights (IDHR) at www.cyberdriveillinois.com/departments/index/civil_rights or call 217-785-5100 within 180 days of the denial. Include your name, employer name, date of the death, the specific leave denial, and the policy violated.

Step 4: Expect the investigation process. The DOL Wage and Hour Division will investigate your FMLA complaint by requesting documents from your employer (timesheets, leave records, personnel files) and conducting interviews. The process typically takes 30–90 days. The IDHR will send notice of complaint to your employer and may conduct a factual investigation. You may be asked to provide additional documentation or testimony. If the agency finds a violation, it may issue a "right to sue" letter or settlement may be negotiated.

Step 5: Consult an employment attorney if the violation involves retaliation, widespread denial of leave, or involves wrongful termination. An attorney can advise you on state and federal claims, help preserve evidence, and represent you in settlement negotiations or litigation. Contact the Illinois State Bar Association at 217-525-1760 or visit www.isba.org for referrals. If retaliation occurred (e.g., you were fired after requesting bereavement leave), you may have additional claims under FMLA retaliation provisions (29 U.S.C. § 2615) or Illinois Whistleblower Protections Act if you reported a violation.