New Illinois Law Requires Leave for Miscarriage, Failed Adoption

Employers in Illinois will have to provide two weeks of unpaid leave for workers who experience pregnancy loss, failed adoptions, unsuccessful reproductive procedures, and other diagnoses or events affecting pregnancy and fertility, under a new measure signed into law by Gov. JB Pritzker (D).

The Family Bereavement Leave Act (SB 3120), signed into law Thursday, requires unpaid leave for a miscarriage, unsuccessful round of intrauterine insemination or other assisted reproductive procedure, a failed or non-finalized adoption, a failed surrogacy agreement, a diagnosis affecting fertility, or a stillbirth. The requirement applies to companies with 50 or more employees.

The new law, which goes into effect Jan. 1, 2023, amends the state’s Child Bereavement Leave Act, which allowed parents and guardians to take leave solely for the loss of a biological or adopted child, a foster placement, or a stepchild.

Federal law doesn’t require employers to provide bereavement leave to their workers. The Support Through Loss Act (H.R. 4576/S. 2390), was introduced in both the US House and Senate last year, but hasn’t seen any movement.

“This bill addresses a gap in leave requirements for those facing truly unimaginable losses that can go overlooked,” the Illinois governor’s office said in a statement emailed to Bloomberg Law. “We all deserve an opportunity to grieve and process loss, including those losses that haven’t always been recognized.”

“It’s our hope that no employee will have to bury their grief and mourn without support and grace during what can be one of the most terrible times of their life. Being pro-family means supporting women throughout their reproductive health journeys, including during loss,” the statement said.

Illinois Sen. Melinda Bush (D) introduced the proposal Jan. 11, and it passed the Senate Feb. 25. The House passed the bill March 30.