Illinois has enacted the Family Bereavement Leave Act (FBLA) which will become effective on January 1, 2023.  The new Act provides that all employees shall be entitled to use a maximum of 2 weeks (10 work days) of unpaid bereavement leave to be absent from work due to (i) a miscarriage; (ii) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure; (iii) a failed adoption match or an adoption that is not finalized because it is contested by another party; (iv) a failed surrogacy agreement; (v) a diagnosis that negatively impacts pregnancy or fertility; or (vi) a stillbirth.

The act provides that the employer may not require that the employee identify which category of event the leave pertains to as a condition of exercising rights under the Act.

The new benefit is not in addition to FMLA benefits.