The employer must pay wages of up to $20,000 to the spouse of a deceased employee, plus $10,000 multiplied by the number of minor children and adult dependent children who resided with the surviving spouse at the time of the decedent's death. The same amount may be paid to the children of the decedent in equal shares if there is no surviving spouse. This provision applies only to small estates of $100,000 or less (755 ILCS 5/25-1).
The law applies equally to a surviving civil union partner.
Requirements. A spouse or child of a deceased employee must present to the employer a small-estate affidavit attesting to his or her right to receive the unpaid wages of the deceased employee along with a copy of the death certificate.