Workplace Protections

The time off you can take in a 12-month period will depend on the number of employees at your job. If your employer has:

• 50 or more employees, you can take a total of 12 work-weeks of leave;
• between 15 and 49 employees, you can take a total of eight work-weeks of leave; or
• between one and 14 employees, you can take a total of four work-weeks of leave.¹

However, if you have already taken 12 weeks off under the federal Family and Medical Leave Act, this law does not permit you to take additional time.¹ The weeks can be taken consecutively, at different times (intermittently), or on a reduced work schedule.² If you are dealing with a death in your family as a result of a crime of violence, the Illinois workplace protections law referred to throughout this section allows you to take up to two weeks, or ten work-days, of unpaid bereavement leave specifically for:

1. going to a funeral, or an alternative to a funeral or wake;
2. making necessary arrangements after the death; or
3. grieving.³

To qualify, you must take this leave within 60 days of when you learn of your family member’s death.⁴ On a related note, Illinois has another law called the Family Bereavement Leave Act (“FBLA”) that applies if you have worked for your employer for at least 1,250 hours in the past 12 months.⁵ For additional information about the FBLA, see Family Bereavement Leave Act FAQs on the Illinois government website.

Instead of taking the unpaid leave, you could choose to use existing paid leave, including family, medical, sick, annual, personal, or similar leave. However, you cannot be required to do so; it’s your choice whether to use paid leave or unpaid leave.⁶

¹ 820 ILCS § 180/20(a)(2)​
² 820 ILCS § 180/20(a)(3)​
³ 820 ILCS §§ 154/10(a)(1)-(3); 180/20(a)(1)(F)-(H)
⁴ ​820 ILCS § 180/20(a)(4)
⁵ 820 ILCS §§ 154/10(a), (b), (e)
⁶ 820 ILCS § 180/25