The Family Bereavement Leave Act (FBLA) entitles eligible employees to up to 2 weeks (10 workdays) of unpaid bereavement leave time following: the death of a covered family member, stillbirth, miscarriage, unsuccessful reproductive procedure, failed adoption match or unfinalized adoption agreement, failed surrogacy agreement, or diagnosis that negatively impacts pregnancy or fertility. Those considered “covered family members” include an employee’s child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. Employees are entitled to up to 6 weeks of leave in the event of the death of more than one covered family member in a year.
FLBA applies to employers who have 50 or more employees. Employers are entitled to at least 48 hours advance notice of the employee’s intention to take bereavement leave unless it is not reasonable and practicable. Employers may require employees to provide reasonable documentation, such as a death certificate or published obituary. Following a loss or negative diagnosis related to pregnancy, surrogacy, or adoption, employers may require a FBLA form be provided but cannot require employees to disclose what category of event the leave pertains to as a condition of exercising rights under this Act. For more information about this article, or to find out how we can help your business comply with FLBA, contact Albee Law PC at (312) 279-0115 or by email at info@albeelaw.com
