Sen. Karina Villa

Filed: 4/6/2022

 

 


 

 


 
10200HB4215sam001LRB102 21394 SPS 38839 a

1
AMENDMENT TO HOUSE BILL 4215

2    AMENDMENT NO. ______. Amend House Bill 4215 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Victims' Economic Security and Safety Act
5is amended by changing Sections 10 and 20 as follows:
 
6    (820 ILCS 180/10)
7    Sec. 10. Definitions. In this Act, except as otherwise
8expressly provided:
9        (1) "Commerce" includes trade, traffic, commerce,
10    transportation, or communication; and "industry or
11    activity affecting commerce" means any activity, business,
12    or industry in commerce or in which a labor dispute would
13    hinder or obstruct commerce or the free flow of commerce,
14    and includes "commerce" and any "industry affecting
15    commerce".
16        (2) "Course of conduct" means a course of repeatedly

 

 

10200HB4215sam001- 2 -LRB102 21394 SPS 38839 a

1    maintaining a visual or physical proximity to a person or
2    conveying oral or written threats, including threats
3    conveyed through electronic communications, or threats
4    implied by conduct.
5        (2.5) "Crime of violence" means any conduct proscribed
6    by Articles 9, 11, 12, 26.5, 29D, and 33A of the Criminal
7    Code of 2012 or a similar provision of the Criminal Code of
8    1961, in addition to conduct proscribed by Articles of the
9    Criminal Code of 2012 referenced in other definitions in
10    this Section.
11        (3) "Department" means the Department of Labor.
12        (4) "Director" means the Director of Labor.
13        (5) "Domestic violence, sexual violence, or gender
14    violence" means domestic violence, sexual assault, gender
15    violence, or stalking.
16        (6) "Domestic violence" means abuse, as defined in
17    Section 103 of the Illinois Domestic Violence Act of 1986,
18    by a family or household member, as defined in Section 103
19    of the Illinois Domestic Violence Act of 1986.
20        (7) "Electronic communications" includes
21    communications via telephone, mobile phone, computer,
22    e-mail, video recorder, fax machine, telex, pager, online
23    platform (including, but not limited to, any public-facing
24    website, web application, digital application, or social
25    network), or any other electronic communication, as
26    defined in Section 12-7.5 of the Criminal Code of 2012.

 

 

10200HB4215sam001- 3 -LRB102 21394 SPS 38839 a

1        (8) "Employ" includes to suffer or permit to work.
2        (9) Employee.
3            (A) In general. "Employee" means any person
4        employed by an employer.
5            (B) Basis. "Employee" includes a person employed
6        as described in subparagraph (A) on a full or
7        part-time basis, or as a participant in a work
8        assignment as a condition of receipt of federal or
9        State income-based public assistance.
10        (10) "Employer" means any of the following: (A) the
11    State or any agency of the State; (B) any unit of local
12    government or school district; or (C) any person that
13    employs at least one employee.
14        (11) "Employment benefits" means all benefits provided
15    or made available to employees by an employer, including
16    group life insurance, health insurance, disability
17    insurance, sick leave, annual leave, educational benefits,
18    pensions, and profit-sharing, regardless of whether such
19    benefits are provided by a practice or written policy of
20    an employer or through an "employee benefit plan".
21    "Employee benefit plan" or "plan" means an employee
22    welfare benefit plan or an employee pension benefit plan
23    or a plan which is both an employee welfare benefit plan
24    and an employee pension benefit plan.
25        (12) "Family or household member", for employees with
26    a family or household member who is a victim of domestic

 

 

10200HB4215sam001- 4 -LRB102 21394 SPS 38839 a

1    violence, sexual violence, gender violence, or any other
2    crime of violence, means a spouse or party to a civil
3    union, parent, grandparent, child, grandchild, sibling, or
4    any other person related by blood or by present or prior
5    marriage or civil union, other person who shares a
6    relationship through a child, or any other individual
7    whose close association with the employee is the
8    equivalent of a family relationship as determined by the
9    employee, and persons jointly residing in the same
10    household.
11    (12.3) "First responder" means a fire department, fire
12protection district, law enforcement agency, law enforcement
13official, or emergency medical technician.
14    (12.5) "Gender violence" means:
15        (A) one or more acts of violence or aggression
16    satisfying the elements of any criminal offense under the
17    laws of this State that are committed, at least in part, on
18    the basis of a person's actual or perceived sex or gender,
19    regardless of whether the acts resulted in criminal
20    charges, prosecution, or conviction;
21        (B) a physical intrusion or physical invasion of a
22    sexual nature under coercive conditions satisfying the
23    elements of any criminal offense under the laws of this
24    State, regardless of whether the intrusion or invasion
25    resulted in criminal charges, prosecution, or conviction;
26    or

 

 

10200HB4215sam001- 5 -LRB102 21394 SPS 38839 a

1        (C) a threat of an act described in item (A) or (B)
2    causing a realistic apprehension that the originator of
3    the threat will commit the act.
4        (13) (Blank).
5        (14) "Perpetrator" means an individual who commits or
6    is alleged to have committed any act or threat of domestic
7    violence, sexual violence, gender violence, or any other
8    crime of violence.
9        (15) "Person" means an individual, partnership,
10    association, corporation, business trust, legal
11    representative, or any organized group of persons.
12        (16) "Public agency" means the Government of the State
13    or political subdivision thereof; any agency of the State,
14    or of a political subdivision of the State; or any
15    governmental agency.
16        (17) "Public assistance" includes cash, food stamps,
17    medical assistance, housing assistance, and other benefits
18    provided on the basis of income by a public agency or
19    public employer.
20        (18) "Reduced work schedule" means a work schedule
21    that reduces the usual number of hours per workweek, or
22    hours per workday, of an employee.
23        (19) "Repeatedly" means on 2 or more occasions.
24        (20) "Sexual assault" means any conduct proscribed by:
25    (i) Article 11 of the Criminal Code of 2012 except
26    Sections 11-35 and 11-45; (ii) Sections 12-13, 12-14,

 

 

10200HB4215sam001- 6 -LRB102 21394 SPS 38839 a

1    12-14.1, 12-15, and 12-16 of the Criminal Code of 2012; or
2    (iii) a similar provision of the Criminal Code of 1961.
3        (20.5) "Sexual violence" means sexual assault.
4        (21) "Stalking" means any conduct proscribed by the
5    Criminal Code of 1961 or the Criminal Code of 2012 in
6    Sections 12-7.3, 12-7.4, and 12-7.5.
7        (22) "Victim" or "survivor" means an individual who
8    has been subjected to domestic violence, sexual violence,
9    gender violence, or any other crime of violence. "Victim"
10    also includes any person described as a victim, as defined
11    under Section 2 of the Crime Victims Compensation Act.
12        (23) "Victim services organization" means a nonprofit,
13    nongovernmental organization that provides assistance to
14    victims of domestic violence, sexual violence, gender
15    violence, or any other crime of violence or to advocates
16    for such victims, including a rape crisis center, an
17    organization carrying out a domestic violence program, an
18    organization operating a shelter or providing counseling
19    services, or a legal services organization or other
20    organization providing assistance through the legal
21    process.
22(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22.)
 
23    (820 ILCS 180/20)
24    Sec. 20. Entitlement to leave due to domestic violence,
25sexual violence, gender violence, or any other crime of

 

 

10200HB4215sam001- 7 -LRB102 21394 SPS 38839 a

1violence.
2    (a) Leave requirement.
3        (1) Basis. An employee who is a victim of domestic
4    violence, sexual violence, gender violence, or any other
5    crime of violence or an employee who has a family or
6    household member who is a victim of domestic violence,
7    sexual violence, gender violence, or any other crime of
8    violence whose interests are not adverse to the employee
9    as it relates to the domestic violence, sexual violence,
10    gender violence, or any other crime of violence may take
11    unpaid leave from work if the employee or employee's
12    family or household member is experiencing an incident of
13    domestic violence, sexual violence, gender violence, or
14    any other crime of violence or to address domestic
15    violence, sexual violence, gender violence, or any other
16    crime of violence by:
17            (A) seeking medical attention for, or recovering
18        from, physical or psychological injuries caused by
19        domestic violence, sexual violence, gender violence,
20        or any other crime of violence to the employee or the
21        employee's family or household member;
22            (B) obtaining services from a victim services
23        organization for the employee or the employee's family
24        or household member;
25            (C) obtaining psychological or other counseling
26        for the employee or the employee's family or household

 

 

10200HB4215sam001- 8 -LRB102 21394 SPS 38839 a

1        member;
2            (D) participating in safety planning, temporarily
3        or permanently relocating, or taking other actions to
4        increase the safety of the employee or the employee's
5        family or household member from future domestic
6        violence, sexual violence, gender violence, or any
7        other crime of violence or ensure economic security;
8        or
9            (E) seeking legal assistance or remedies to ensure
10        the health and safety of the employee or the
11        employee's family or household member, including
12        preparing for or participating in any civil or
13        criminal legal proceeding related to or derived from
14        domestic violence, sexual violence, gender violence,
15        or any other crime of violence; .
16            (F) attending the funeral or alternative to a
17        funeral or wake of a family or household member who is
18        killed in a crime of violence;
19            (G) making arrangements necessitated by the death
20        of a family or household member who is killed in a
21        crime of violence;
22            (H) grieving the death of a family or household
23        member who is killed in a crime of violence; or
24            (I) attending the funeral or alternative to a
25        funeral or wake of a first responder who died in the
26        line of duty or as a result of a crime of violence.

 

 

10200HB4215sam001- 9 -LRB102 21394 SPS 38839 a

1        (2) Period. Subject to subsection (c) and except as
2    provided in paragraph (4) of this subsection, an employee
3    working for an employer that employs at least 50 employees
4    shall be entitled to a total of 12 workweeks of leave
5    during any 12-month period. Subject to subsection (c) and
6    except as provided in paragraph (4) of this subsection, an
7    employee working for an employer that employs at least 15
8    but not more than 49 employees shall be entitled to a total
9    of 8 workweeks of leave during any 12-month period.
10    Subject to subsection (c) and except as provided in
11    paragraph (4) of this subsection, an employee working for
12    an employer that employs at least one but not more than 14
13    employees shall be entitled to a total of 4 workweeks of
14    leave during any 12-month period. The total number of
15    workweeks to which an employee is entitled shall not
16    decrease during the relevant 12-month period. This Act
17    does not create a right for an employee to take unpaid
18    leave that exceeds the unpaid leave time allowed under, or
19    is in addition to the unpaid leave time permitted by, the
20    federal Family and Medical Leave Act of 1993 (29 U.S.C.
21    2601 et seq.).
22        (3) Schedule. Leave described in paragraph (1) may be
23    taken consecutively, intermittently, or on a reduced work
24    schedule.
25        (4) Exceptions. An employee shall be entitled to a
26    total of not more than 2 workweeks (10 work days) of unpaid

 

 

10200HB4215sam001- 10 -LRB102 21394 SPS 38839 a

1    leave for the purposes described in subparagraphs (F),
2    (G), and (H) of paragraph (1), which must be completed
3    within 60 days after the death of the victim. Unpaid leave
4    time taken for these purposes shall be counted toward, and
5    is not in addition to, the total leave time an employee is
6    entitled to under paragraph (2). If the employee is also
7    entitled to bereavement leave relating to the deceased
8    victim under the Child Bereavement Leave Act, leave time
9    taken under this Act for the purposes described in
10    subparagraphs (F), (G), and (H) of paragraph (1) shall be
11    counted toward, and is not in addition to, the leave time
12    an employee is entitled to under the Child Bereavement
13    Leave Act.
14    (b) Notice. The employee shall provide the employer with
15at least 48 hours' advance notice of the employee's intention
16to take the leave, unless providing such notice is not
17practicable. When an unscheduled absence occurs, the employer
18may not take any action against the employee if the employee,
19upon request of the employer and within a reasonable period
20after the absence, provides certification under subsection
21(c).
22    (c) Certification.
23        (1) In general. The employer may require the employee
24    to provide certification to the employer that:
25            (A) the employee or the employee's family or
26        household member is a victim of domestic violence,

 

 

10200HB4215sam001- 11 -LRB102 21394 SPS 38839 a

1        sexual violence, gender violence, or any other crime
2        of violence; and
3            (B) the leave is for one of the purposes
4        enumerated in paragraph (a)(1).
5        The employee shall provide such certification to the
6    employer within a reasonable period after the employer
7    requests certification.
8        (2) Contents. An employee may satisfy the
9    certification requirement of paragraph (1) by providing to
10    the employer a sworn statement of the employee, and if the
11    employee has possession of such document, the employee
12    shall provide one of the following documents:
13            (A) documentation from an employee, agent, or
14        volunteer of a victim services organization, an
15        attorney, a member of the clergy, or a medical or other
16        professional from whom the employee or the employee's
17        family or household member has sought assistance in
18        addressing domestic violence, sexual violence, gender
19        violence, or any other crime of violence and the
20        effects of the violence;
21            (B) a police or court record; or
22            (C) other corroborating evidence.
23        The employee shall choose which document to submit,
24    and the employer shall not request or require more than
25    one document to be submitted during the same 12-month
26    period leave is requested or taken if the reason for leave

 

 

10200HB4215sam001- 12 -LRB102 21394 SPS 38839 a

1    is related to the same incident or incidents of violence
2    or the same perpetrator or perpetrators of the violence.
3    (d) Confidentiality. All information provided to the
4employer pursuant to subsection (b) or (c), including a
5statement of the employee or any other documentation, record,
6or corroborating evidence, and the fact that the employee has
7requested or obtained leave pursuant to this Section, shall be
8retained in the strictest confidence by the employer, except
9to the extent that disclosure is:
10        (1) requested or consented to in writing by the
11    employee; or
12        (2) otherwise required by applicable federal or State
13    law.
14    (e) Employment and benefits.
15        (1) Restoration to position.
16            (A) In general. Any employee who takes leave under
17        this Section for the intended purpose of the leave
18        shall be entitled, on return from such leave:
19                (i) to be restored by the employer to the
20            position of employment held by the employee when
21            the leave commenced; or
22                (ii) to be restored to an equivalent position
23            with equivalent employment benefits, pay, and
24            other terms and conditions of employment.
25            (B) Loss of benefits. The taking of leave under
26        this Section shall not result in the loss of any

 

 

10200HB4215sam001- 13 -LRB102 21394 SPS 38839 a

1        employment benefit accrued prior to the date on which
2        the leave commenced.
3            (C) Limitations. Nothing in this subsection shall
4        be construed to entitle any restored employee to:
5                (i) the accrual of any seniority or employment
6            benefits during any period of leave; or
7                (ii) any right, benefit, or position of
8            employment other than any right, benefit, or
9            position to which the employee would have been
10            entitled had the employee not taken the leave.
11            (D) Construction. Nothing in this paragraph shall
12        be construed to prohibit an employer from requiring an
13        employee on leave under this Section to report
14        periodically to the employer on the status and
15        intention of the employee to return to work.
16        (2) Maintenance of health benefits.
17            (A) Coverage. Except as provided in subparagraph
18        (B), during any period that an employee takes leave
19        under this Section, the employer shall maintain
20        coverage for the employee and any family or household
21        member under any group health plan for the duration of
22        such leave at the level and under the conditions
23        coverage would have been provided if the employee had
24        continued in employment continuously for the duration
25        of such leave.
26            (B) Failure to return from leave. The employer may

 

 

10200HB4215sam001- 14 -LRB102 21394 SPS 38839 a

1        recover the premium that the employer paid for
2        maintaining coverage for the employee and the
3        employee's family or household member under such group
4        health plan during any period of leave under this
5        Section if:
6                (i) the employee fails to return from leave
7            under this Section after the period of leave to
8            which the employee is entitled has expired; and
9                (ii) the employee fails to return to work for
10            a reason other than:
11                    (I) the continuation, recurrence, or onset
12                of domestic violence, sexual violence, gender
13                violence, or any other crime of violence that
14                entitles the employee to leave pursuant to
15                this Section; or
16                    (II) other circumstances beyond the
17                control of the employee.
18            (C) Certification.
19                (i) Issuance. An employer may require an
20            employee who claims that the employee is unable to
21            return to work because of a reason described in
22            subclause (I) or (II) of subparagraph (B)(ii) to
23            provide, within a reasonable period after making
24            the claim, certification to the employer that the
25            employee is unable to return to work because of
26            that reason.

 

 

10200HB4215sam001- 15 -LRB102 21394 SPS 38839 a

1                (ii) Contents. An employee may satisfy the
2            certification requirement of clause (i) by
3            providing to the employer:
4                    (I) a sworn statement of the employee;
5                    (II) documentation from an employee,
6                agent, or volunteer of a victim services
7                organization, an attorney, a member of the
8                clergy, or a medical or other professional
9                from whom the employee has sought assistance
10                in addressing domestic violence, sexual
11                violence, gender violence, or any other crime
12                of violence and the effects of that violence;
13                    (III) a police or court record; or
14                    (IV) other corroborating evidence.
15            The employee shall choose which document to
16        submit, and the employer shall not request or require
17        more than one document to be submitted.
18            (D) Confidentiality. All information provided to
19        the employer pursuant to subparagraph (C), including a
20        statement of the employee or any other documentation,
21        record, or corroborating evidence, and the fact that
22        the employee is not returning to work because of a
23        reason described in subclause (I) or (II) of
24        subparagraph (B)(ii) shall be retained in the
25        strictest confidence by the employer, except to the
26        extent that disclosure is:

 

 

10200HB4215sam001- 16 -LRB102 21394 SPS 38839 a

1                (i) requested or consented to in writing by
2            the employee; or
3                (ii) otherwise required by applicable federal
4            or State law.
5    (f) Prohibited acts.
6        (1) Interference with rights.
7            (A) Exercise of rights. It shall be unlawful for
8        any employer to interfere with, restrain, or deny the
9        exercise of or the attempt to exercise any right
10        provided under this Section.
11            (B) Employer discrimination. It shall be unlawful
12        for any employer to discharge or harass any
13        individual, or otherwise discriminate against any
14        individual with respect to compensation, terms,
15        conditions, or privileges of employment of the
16        individual (including retaliation in any form or
17        manner) because the individual:
18                (i) exercised any right provided under this
19            Section; or
20                (ii) opposed any practice made unlawful by
21            this Section.
22            (C) Public agency sanctions. It shall be unlawful
23        for any public agency to deny, reduce, or terminate
24        the benefits of, otherwise sanction, or harass any
25        individual, or otherwise discriminate against any
26        individual with respect to the amount, terms, or

 

 

10200HB4215sam001- 17 -LRB102 21394 SPS 38839 a

1        conditions of public assistance of the individual
2        (including retaliation in any form or manner) because
3        the individual:
4                (i) exercised any right provided under this
5            Section; or
6                (ii) opposed any practice made unlawful by
7            this Section.
8        (2) Interference with proceedings or inquiries. It
9    shall be unlawful for any person to discharge or in any
10    other manner discriminate (as described in subparagraph
11    (B) or (C) of paragraph (1)) against any individual
12    because such individual:
13            (A) has filed any charge, or has instituted or
14        caused to be instituted any proceeding, under or
15        related to this Section;
16            (B) has given, or is about to give, any
17        information in connection with any inquiry or
18        proceeding relating to any right provided under this
19        Section; or
20            (C) has testified, or is about to testify, in any
21        inquiry or proceeding relating to any right provided
22        under this Section.
23(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22.)".