093_HB3486
LRB093 06684 WGH 12062 b
1 AN ACT concerning domestic violence.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Victims of Domestic Violence Employment Leave Act.
6 Section 5. Findings. The General Assembly finds and
7 declares as follows:
8 (1) Domestic violence affects many persons without
9 regard to age, race, educational level, socioeconomic status,
10 religion, or occupation.
11 (2) Domestic violence is a crime that has a devastating
12 effect on families, communities, and the workplace.
13 (3) Domestic violence impacts on productivity,
14 effectiveness, absenteeism, and employee turnover in the
15 workplace.
16 (4) The National Crime Survey estimates that 175,000
17 days per year are missed from paid work due to domestic
18 violence.
19 (5) The study also found that 56% of the victims were
20 late for work at least 5 times a month, 28% of the victims
21 had to leave work early at least 5 times a month, and 54%
22 missed at least 3 days a month, all due to domestic violence.
23 (6) Victims of domestic violence may be vulnerable at
24 work when trying to end an abusive relationship because the
25 workplace may be the only place where the perpetrator knows
26 to contact the victim.
27 (7) Employers must be sensitive to the needs of
28 employees who are experiencing domestic violence and be
29 responsive to those needs through personnel leave and
30 benefits policies.
31 (8) Employees who commit acts of domestic violence at or
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1 away from the workplace should be disciplined in the same
2 manner as employees who commit other acts of violence or
3 harassment at or away from the workplace.
4 Section 10. Definitions. As used in this Act:
5 "Domestic violence" means the physical injury, sexual
6 abuse, or forced imprisonment, or threat thereof, of a person
7 by another who is related by blood or marriage or has a
8 significant relationship with the other person at the
9 present, or who has been related or has had a significant
10 relationship at some time in the past, to the extent that the
11 person's health, safety, or welfare is harmed or threatened
12 thereby.
13 "Employer" means any of the following: (1) the State or
14 any agency of the State; (2) any unit of local government or
15 school district; or (3) any person that employs at least 25
16 employees for each working day during each of 20 or more
17 calendar work weeks in the current or preceding calendar
18 year.
19 Section 15. Time off from work.
20 (a) No employer may discharge or in any manner
21 discriminate or retaliate against an employee who is a victim
22 of domestic violence for taking time off from work to obtain
23 or attempt to obtain any relief, including, but not limited
24 to, a temporary restraining order, restraining order, or
25 other injunctive relief, to help ensure the health, safety,
26 or welfare of a domestic violence victim or his or her child.
27 (b) (1) As a condition of taking time off for a purpose
28 set forth in subsection (a), the employee must give the
29 employer reasonable advance notice of the employee's
30 intention to take time off, unless the advance notice is not
31 feasible.
32 (2) When an unscheduled absence occurs, the employer may
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1 not take any action against the employee if the employee,
2 within a reasonable time after the absence, provides a
3 certification to the employer. Certification is sufficient
4 in the form of any of the following:
5 (A) A police report indicating that the employee
6 was a victim of domestic violence.
7 (B) A court order protecting or separating the
8 employee from the perpetrator of an act of domestic
9 violence, or other evidence from the court or prosecuting
10 attorney that the employee has appeared in court.
11 (C) Documentation from a medical professional,
12 domestic violence advocate, health care provider, or
13 counselor that the employee was undergoing treatment for
14 physical or mental injuries or abuse resulting in
15 victimization from an act of domestic violence.
16 (3) To the extent allowed by law, employers must
17 maintain the confidentiality of any employee requesting
18 leave under subsection (a).
19 (c) Any employee who is discharged, threatened with
20 discharge, demoted, suspended, or in any other manner
21 discriminated or retaliated against in the terms and
22 conditions of employment by his or her employer because the
23 employee has taken time off for a purpose set forth in
24 subsection (a) is entitled to reinstatement and reimbursement
25 for lost wages and work benefits caused by the acts of the
26 employer. Any employer who willfully refuses to rehire,
27 promote, or otherwise restore an employee or former employee
28 who has been determined to be eligible for rehiring or
29 promotion by a grievance procedure or hearing authorized by
30 law is guilty of a Class A misdemeanor.
31 (d) (1) Any employee who is discharged, threatened with
32 discharge, demoted, suspended, or in any other manner
33 discriminated or retaliated against in the terms and
34 conditions of employment by his or her employer because the
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1 employee has exercised his or her rights as set forth in
2 subsection (a) may file a complaint with the Department of
3 Labor.
4 (2) An employee filing a complaint with the Department
5 based upon a violation of subsection (a) has one year from
6 the date of occurrence of the violation to file his or her
7 complaint.
8 (e) An employee may use vacation, personal leave, or
9 compensatory time off that is otherwise available to the
10 employee under the applicable terms of employment, unless
11 otherwise provided by a collective bargaining agreement, for
12 time taken off for a purpose specified in subsection (a).
13 The entitlement of any employee under this Section is not
14 diminished by any collective bargaining agreement term or
15 condition.
16 Section 20. Retaliation by employer prohibited.
17 (a) In addition to the requirements and prohibitions
18 imposed on employees under Section 15, an employer may not
19 discharge or in any manner discriminate or retaliate against
20 an employee who is a victim of domestic violence for taking
21 time off from work to attend to any of the following:
22 (1) To seek medical attention for injuries caused
23 by domestic violence.
24 (2) To obtain services from a domestic violence
25 shelter, program, or rape crisis center as a result of
26 domestic violence.
27 (3) To obtain psychological counseling related to
28 an experience of domestic violence.
29 (4) To participate in safety planning and take
30 other actions to increase safety from future domestic
31 violence, including temporary or permanent relocation.
32 (b) (1) As a condition of taking time off for a purpose
33 set forth in subsection (a), the employee must give the
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1 employer reasonable advance notice of the employee's
2 intention to take time off, unless the advance notice is not
3 feasible.
4 (2) When an unscheduled absence occurs, the employer may
5 not take any action against the employee if the employee,
6 within a reasonable time after the absence, provides a
7 certification to the employer. Certification is sufficient
8 in the form of any of the following:
9 (A) A police report indicating that the employee
10 was a victim of domestic violence.
11 (B) A court order protecting or separating the
12 employee from the perpetrator of an act of domestic
13 violence, or other evidence from the court or prosecuting
14 attorney that the employee appeared in court.
15 (C) Documentation from a medical professional,
16 domestic violence advocate, health care provider, or
17 counselor that the employee was undergoing treatment for
18 physical or mental injuries or abuse resulting in
19 victimization from an act of domestic violence.
20 (3) To the extent allowed by law, employers must
21 maintain the confidentiality of any employee requesting leave
22 under subsection (a).
23 (c) Any employee who is discharged, threatened with
24 discharge, demoted, suspended, or in any other manner
25 discriminated or retaliated against in the terms and
26 conditions of employment by his or her employer because the
27 employee has taken time off for a purpose set forth in
28 subsection (a) is entitled to reinstatement and reimbursement
29 for lost wages and work benefits caused by the acts of the
30 employer. Any employer who willfully refuses to rehire,
31 promote, or otherwise restore an employee or former employee
32 who has been determined to be eligible for rehiring or
33 promotion by a grievance procedure or hearing authorized by
34 law is guilty of a Class A misdemeanor.
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1 (d) (1) Any employee who is discharged, threatened with
2 discharge, demoted, suspended, or in any other manner
3 discriminated or retaliated against in the terms and
4 conditions of employment by his or her employer because the
5 employee has exercised his or her rights as set forth in
6 subsection (a) may file a complaint with the Department of
7 Labor.
8 (2) An employee filing a complaint with the Department
9 of Labor based upon a violation of subsection (a) has one
10 year from the date of occurrence of the violation to file his
11 or her complaint.
12 (e) An employee may use vacation, personal leave, or
13 compensatory time off that is otherwise available to the
14 employee under the applicable terms of employment, unless
15 otherwise provided by a collective bargaining agreement, for
16 time taken off for a purpose specified in subsection (a).
17 The entitlement of any employee under this Section is not
18 diminished by any collective bargaining agreement term or
19 condition.
20 (f) This Section does not create a right for an employee
21 to take unpaid leave that exceeds the unpaid leave time
22 allowed under, or is in addition to the unpaid leave time
23 permitted by, the federal Family and Medical Leave Act of
24 1993.
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.