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Illinois

* Press release…

Governor JB Pritzker today signed the Family Bereavement Act, an amendment to the Child Bereavement Leave Act that expands leave time requirements to cover pregnancy loss, failed adoptions, unsuccessful reproductive procedures, and other diagnoses or events impacting pregnancy and fertility. SB3120 also mandates leave after the loss of family members previously not covered in the act. The bill was originally proposed and written by Kyra Jagodzinski, a sixteen-year-old volunteer for State Senator Melinda Bush (D-Grayslake).

“Illinoisans should have time to mourn and heal after an unimaginable loss like a miscarriage or stillbirth,” said Governor JB Pritzker. “There are no words to erase such immense grief, but today, we take action to ensure that our residents are given the support and grace they deserve. This bill would not have been possible without the advocacy of one of Senator Bush’s dedicated volunteers, Kyra Jagodzinski. Illinois is a better, more compassionate state because of your hard work.”

The Support Through Loss Act requires employers in the state to provide for two weeks of unpaid leave for employees who experience a miscarriage, an unsuccessful round of intrauterine insemination or other assisted reproductive procedure, a failed or non-finalized adoption match, a failed surrogacy agreement, a diagnosis affecting fertility, or a stillbirth. Employees can also utilize this time off to support a spouse or partner experiencing one of these losses.

The original Child Bereavement Leave Act, signed into law in 2016, allowed parents and guardians to take leave in the case of the loss of a biological or adopted child, a foster placement, or a stepchild. The amended act addresses the immense grief parents feel during pregnancy loss and failed adoptions, both of which are often under-recognized as traumatic events requiring time for recuperation and healing.

The act also requires employers to provide ten days of leave to employees attending the funeral of a covered family member, making arrangements necessitated by the death of a covered family member, or grieving the death of a covered family member. The bill expands the definition of a covered family member to include children, stepchildren, spouses, domestic partners, siblings, parents, parents-in-law, grandchildren, grandparents, or stepparents.

These provisions ensure employees across the state can take time to grieve before returning to work without fear of termination. The act also specifies that the employee does not have to identify which category of event they are taking leave for, even if they are required to provide documentation. The Department of Labor will provide forms for health care practitioners to verify the leave-inciting event without violating patient privacy.

“When we say we are one Illinois, we mean it. When an Illinois family faces the unspeakable grief of losing a loved one, we carry that sadness with them and we recognize there is no one definition of grief,” said Lt. Governor Juliana Stratton. “By signing this legislation, Illinois is enacting compassionate policy that provides residents comfort and support for healing at a time when it is needed the most. I commend Kyra Jagodzinski for having the vision and the heart to be a caring advocate for others.”

“The emotional anguish suffered after a miscarriage or stillbirth is often debilitating,” said Senator Melinda Bush (D-Grayslake). “Returning to work sooner than they’d like leaves little room for grief, mourning and healing. I am proud to have passed this law alongside the help of a passionate, young teen who saw the need for change and pushed to make it happen.”

“Over my life, I watched as my parents struggled with the loss of family, and saw people close to me struggle with fertility challenges and pregnancy loss,” said Kyra Jagodzinski. “As a 17-year-old, I did my best to comfort them but found a system that left them without support. The Act provides Illinois residents with time to grieve the loss of immediate family members and to-be family members. I am grateful to have worked with a leader in our legislature, Senator Melinda Bush, attorney Ashley Stead, Governor Pritzker, and the Illinois Legislature to support our communities in their time of need.”\

“Expanding bereavement leave to cover miscarriages, failed IVF procedures, failed adoptions, failed surrogacy agreements, the loss of a close family member and other similar losses is a vital step towards equality in Illinois,” said State Rep. Anna Moeller (D-Elgin). “All loving families are tragically impacted by the loss of a child or family member. This law will help deliver much-needed relief to workers who are overcoming huge personal tragedies, and I thank Governor Pritzker for his support.”

* Press release…

Governor JB Pritzker today announced the establishment of the Healthy Foods Access Program, furthering the administration’s efforts to provide equitable access to healthy food in every corner of the state.

“All Illinoisans deserve access to healthy foods,” said Governor JB Pritzker. “Especially throughout the pandemic, food insecurity has been a major concern in our underserved communities. It has always been my administration’s mission to ensure that no child, no family, no elder goes without the food they need to stay nourished and healthy. That’s why I am proud to sign this bill into law to bolster the health and wellbeing of our residents while transforming food deserts into food oases.”

“No one should wonder where their next meal is coming from, but this is a reality for far too many people. Food insecurity is severely impacting the most vulnerable—children, college students, and seniors—who often live in our most underserved areas,” said Lt. Governor Juliana Stratton. “I am so proud that our state is taking a holistic approach to fighting food insecurity by uplifting the work of the Illinois Commission to End Hunger, along with collaborative efforts between state agencies, private partners, and community stakeholders that will launch this amazing program to increase access to fresh, nutrient-dense food.”

“Affordable and healthy fresh food is a necessity of life,” said House Speaker Emanuel “Chris” Welch. “Every person and child deserves access to nutritionally balanced meals and this legislation helps our state provide that, especially for systematically disadvantaged communities. I want to thank Representative Sonya Harper for her continued passion in creating a sustainable food supply for communities in need.”

“This measure is necessary to ensure that our communities have access to food that will nourish their bodies and cater to their overall wellbeing,” said State Senator Mattie Hunter (D-Chicago). “Food insecurity is one of the issues I’ve been fighting for a long time, and I am confident that this law will help end food deserts in our state, starting with addressing the gap left open by the departure of the Whole Foods in Englewood.
Our communities need access to affordable, nutritious food now.”

“Residents on the South and West sides of Chicago, as well as elsewhere in our state, continue to struggle to find places to buy healthy and affordable foods,” said State Representative Sonya Harper (D-Chicag0). “This has contributed to health disparities and even shorter life expectancies in these areas. I applaud Governor Pritzker for signing The Healthy Food Access Development Program into law today. Food is medicine and everyone deserves a right to access it. I’m hopeful this new law will help strengthen our small businesses and create new options for healthy food in our most vulnerable communities across the state while bringing in food and jobs to those that need them most.”

“There are too many neighborhoods across our state where people do not have access to fresh, healthy food,” said State Representative Jehan Gordon-Booth (D-Peoria). “Let’s take advantage of our nutritional, locally-sourced food and spur connections with communities that have been left behind. Healthy food can have immense benefits for an individual, but we have to make sure it’s easily available.”

“One of the best ways to promote healthy lifestyles and overall wellness is to ensure access to nutritious, well-rounded food options,” said State Senator Dave Koehler (D-Peoria). “By bringing these options to communities across the state, we empower residents to make healthy decisions for themselves and their families.”

House Bill 2382 enables the Department of Human Services in coordination with the Department of Commerce and Economic Opportunity (DCEO) to establish the Healthy Food Development Program to expand access to healthy foods in underserved areas. Grocery stores, corner stores, farmers’ markets, and other small retailers may receive assistance through grants, loans, equipment, or other financial assistance to be awarded on a competitive basis.

While the exact program design has not yet been established, too implement the program, DCEO and DHS may partner with non-profit organizations on implementation and DHS will designate a grocery ambassador to assist the state’s healthy food retailers by providing research and data on eligible areas with insufficient grocery access. Through this ambassador, small grocery retailers in the state will be provided technical assistance and support.

The establishment of this program builds on the administration’s efforts to increase access to healthy food in the state. These efforts include public-private partnerships to expand purchasing options for those who receive SNAP benefits, empowering the Illinois Commission to End Hunger to advance the From Food Insecurity to Food Equity: A Roadmap to End Hunger plan, a three-part strategy for connecting residents in need to nutrition assistance programs, and promoting equitable access to food for every Illinoisan.

In Cook County alone, one in six children experience food insecurity on any given day. Statewide, 17 percent of children live in poverty. Federal programs, such as SNAP, School Breakfast and summer meal programs, are widely underutilized. Prior to the coronavirus pandemic, 1.6 million Illinoisans were participating in SNAP. During the initial months of the pandemic, SNAP applications soared to over 35,000 applications a week, up from an average of 9,000 weekly. In April 0f 2020, food insecurity doubled in the population overall and tripled for Illinois households with kids. In addition, Illinois has seen a 60% increase in food insecurity for older adults during the pandemic.

This legislation is effective January 1, 2023.

* Sen. Belt…

Burning toxic synthetic chemicals will be banned thanks to a measure sponsored by State Senator Christopher Belt that was signed into law Wednesday.

“PFAS can harm people and the environment,” said Belt (D-Swansea). “This initiative stems from concerns that our neighbors have surrounding the waste incinerator in Sauget, which puts Metro East residents at risk of exposure to these harmful substances.”

The new law bans incinerating materials covered under the United States Environmental Protection Agency’s Toxic Release Inventory that contain perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS. Thermal oxidation for the purposes of pollution control, combustion of gases at landfills, medical waste incinerators and byproducts generated by municipal wastewater treatment facilities are exempted.

The Veolia Environmental Services waste incinerator in Sauget will now be prohibited from incinerating firefighting foams, a product that often contains PFAS chemicals.

“I’d like to thank Leader Greenwood for championing this in the House,” Belt said. “We worked on this measure for over a year and I’m proud that we are able to prioritize Metro East residents.”

The new law takes effect immediately.

* Sen CP-Z…

A law to help identify families in need of additional financial assistance for college savings accounts was signed Tuesday, thanks to the hard work of State Senator Cristina Pacione-Zayas.

“A big part of helping families afford college is making sure they know what financial assistance resources are available,” said Pacione-Zayas (D-Chicago). “This law will not only allow for additional deposits in a Children’s Savings Account for students from financially unstable households, it will also help us understand who is taking advantage of the program and allow us to target outreach to families who might not be aware of it.”

The Illinois Children’s Savings Account program will go into effect in 2023. Under the current program, applicable families will receive a seed deposit of $50. The new law, formerly Senate Bill 3991, allows the state treasurer’s office to supplement CSA’s for financially insecure households with additional funds.

Additionally, the law requires the treasurer’s office to collect more data on program participants to keep track of the social and geographic makeup of those who are utilizing these accounts. This will help further ensure equitable roll out of the program.

“As a parent of three children, I have spent years advocating for a statewide children’s savings account program. I didn’t go to college, but my son was lucky enough to receive a scholarship,” said Liliana Olayo, Co-President POWER-PAC IL and member of the Steering Committee of Financial Inclusion for All Illinois. “With a statewide CSA program that promotes equity, more families like mine will have hope for the future and an investment in their children’s potential early on.”

The law was signed Tuesday and goes into effect Jan. 1, 2023.

* Sen. Bush…

The burden of silence many people face when returning to the workplace almost immediately following the loss of a pregnancy can cause emotional upheaval. State Senator Melinda Bush (D-Grayslake) passed a newly signed law to allow people to take leave following pregnancy loss, stillbirth, or other fertility issues.

“The emotional anguish suffered after a miscarriage or stillbirth is often debilitating,” Bush said. “Returning to work sooner than they’d like leaves little room for grief, mourning and healing.”

Bush’s Senate Bill 3120 creates the Support Through Loss Act by providing up to 10 days of unpaid leave following a pregnancy loss, stillbirth or an unsuccessful intrauterine insemination, among other issues negatively impacting pregnancy or fertility.

The idea for the law came from Kyra Jagodzinski, a then 16-year-old intern of Bush’s who came to her with the issue and worked alongside the Senator, governor and the legislature to pass the measure to support families in their time of need.

“Over my life, I watched as my parents struggled with the loss of family and I saw people close to me struggle with fertility challenges and pregnancy loss,” Kyra said. “As a 17-year-old, I did my best to confront them but found a system that left them without support. The Support Through Loss Act provides Illinois residents with a time to grieve the loss of immediate family members and to-be family members.”

One in six women who have a miscarriage or an ectopic pregnancy suffer from long-term post-traumatic stress, and approximately 15% of those who experience pregnancy loss develop severe depression or anxiety. Pregnancy loss not only has physical impacts, but mental and psychosocial implications. It also causes immense emotional stress for their spouses.

Bush’s law allows those impacted by these traumatizing circumstances to take time off work to address both their physical and emotional needs.

“It’s important that we recognize that anyone experiencing this kind of loss need time to grieve,” Bush said.

Under the law, people will also be allowed 10 days of unpaid leave for the death of an immediate family member.

SB 3120 was signed into law Thursday.

posted by Rich Miller
Thursday, Jun 9, 22 @ 2:12 pm

Comments

that family bereavement act is very powerful. it is also an example of the support of reproductive choices, showing Democrats especially giving women support not just about abortion, but reproductive choices across the board.

Comment by Amalia Thursday, Jun 9, 22 @ 2:34 pm
Thank you to all who made this law happen.

I went through a miscarriage a few years ago where my sonogram showed no heartbeat but my uterus did not release the undeveloped embryo without me needing to be prescribed abortion medication and a D&C at the hospital (both of which many Republicans want to make illegal). There was so much stress, fear, sadness, and embarrassment around the whole situation, and one big awful part was having to tell my boss about my situation and justify why I needed time off from work. My boss thankfully was compassionate and gave me the time off I asked for but I know many are not so lucky.

Comment by hisgirlfriday Thursday, Jun 9, 22 @ 3:25 pm
oh hisgirlfriday, so sorry for your pain and loss and thank you for sharing your experience with us. that is exactly about that which many Republicans seem to have no understanding and no heart. peace.

Comment by Amalia Thursday, Jun 9, 22 @ 3:52 pm
The Family Bereavement Act, on its face, looks great for employees. In reality, it has very little enforcement power, has a hilariously small statute of limitations (60 days), and applies to only about half of the work force. It amends the Child Bereavement Act. Under that act, signed by Rauner, to actually enforce the claim, you can either go to the IDOL or civil court. IDOL is a bad option, because it takes forever to process (years in my experience). It is the only way to get damages, on top of equitable relief. No attorneys fees for individual if you win, which are commonly permitted in employment claims.

Your only other option is to bring an action in civil court. However, you may only pursue equitable remedies (aka getting your job back - have fun returning to work for your old employer!). You may not get damages (such as lost wages), any sort of liquidated/punitive damages, and certainly cannot get your reasonable attorneys fees.

The law only applies to employers covered by FMLA (50 or more employees), and applies only to employees who have worked at the company for a least a year, and worked 1,250 hours in such year. You must file a your claim (with either dol or court) within SIXTY DAYS. Hope you get over your deceased loved one quickly after you were just let go!

In other words, I’m sure they get some good press from this, but the law has very little enforcement teeth and effect. This is a law that was signed by a Republican Governor, and I’m shocked the new law leaves these glaring deficiencies in place.

20% of all fines under the Child Bereavement Leave Act must be paid into the Child Bereavement Fund. I would be very curious to FOIA this fund, as my assumption is that it has always been (to the extent it was ever created) at $0.

Comment by DupageDad Thursday, Jun 9, 22 @ 3:53 pm
No bereavement leave for abortions?

Comment by Captain Obvious Thursday, Jun 9, 22 @ 4:11 pm
Captain Obvious, only for those that survived an abortion…

Comment by Shanks Thursday, Jun 9, 22 @ 5:01 pm
===No bereavement leave for abortions?===

Yes. Read the bill

From the bill
(Source: P.A. 99-703, eff. 7-29-16.)
(820 ILCS 154/10: “(4) be absent from work due to (i) a miscarriage;”

A miscarriage is an abortion. It can either be a spontaneous abortion or an induced abortion. The bill doesn’t exclude induced miscarriages. So in the answer to your question Captain Obvious, your abortion would be covered.

Comment by Da big bad wolf Thursday, Jun 9, 22 @ 6:40 pm
=== In reality, it has very little enforcement power, has a hilariously small statute of limitations (60 days), and applies to only about half of the work force.===

I hear what your saying. However if your employer wants to break the law here, chances are they are the types to break the law in other places too. Best get away from a sleazy employer when you first get an inkling he or she is that way.

Comment by Da big bad wolf Thursday, Jun 9, 22 @ 6:48 pm