Illinois General Assembly - Bill Status for HB3486

Creates the Victims of Domestic Violence Employment Leave Act. Provides that specified employers may not discharge or discriminate against an employee for taking time off from work to seek relief as a victim of domestic violence. Also prohibits those employers from discharging, discriminating, or retaliating against an employee who is a victim of domestic violence for taking time off from work to seek medical attention or counseling for injuries or psychological trauma caused by domestic violence. Effective immediately.

Provides that an employer may not discharge or discriminate or retaliate against an employee who is a victim of domestic violence for taking time off from work to obtain or attempt to obtain any judicial relief (rather than any relief). Provides that the employee must give the employer 48 hours' advance notice (rather than reasonable advance notice) of the employee's intention to take time off, unless the advance notice is not feasible, and that an employer may require certification of the need for leave when the employee gives the employer advance notice. Provides that an employee who is discharged, threatened with discharge, demoted, suspended, or discriminated or retaliated against by an employer "solely because" (rather than "because") the employee took time off under the Act may pursue specified remedies.

Includes, in the definition of "employer", any person that employs at least 50 (rather than 25) employees for each working day during each of 20 or more calendar work weeks in the current or preceding calendar year.

Deletes everything. Creates the Victims' Economic Security and Safety Act. Provides that an employee who is a victim of domestic or sexual violence, or who has a family or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee, may take leave from work to address domestic or sexual violence by: (A) seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to the employee or the employee's family or household member; (B) obtaining services from a victim services organization for the employee or the employee's family or household member; (C) obtaining psychological or other counseling for the employee or the employee's family or household member; (D) participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee's family or household member from future domestic or sexual violence or ensure economic security; or (E) seeking legal assistance or remedies to ensure the health and safety of the employee or the employee's family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence. Contains provisions regarding criteria for applicability of the Act to employers; procedures for obtaining leave, prohibited acts, enforcement, notices to be posted by employers, effect on other laws, severability, and other matters. Effective immediately.

Changes the definitions of "domestic violence", "employee", "employer", "family or household member", "sexual assault", and "stalking". Changes the statement of purposes of the Act. Provides that leave shall be unpaid. Changes the requirements for certification by an employee to an employer. Provides that an employer may not engage in specified acts against an individual because the individual involved is or is perceived to be a victim of domestic or sexual violence (rather than because the individual involved is or is perceived to be a victim of domestic or sexual violence or has a family or household member who is or is perceived to be a victim of domestic or sexual violence). Provides that an employer who has been ordered by the Director of Labor or the court to pay damages under the Act and who fails to do so within 30 days (rather than 15 days) after the order is entered is liable to pay a penalty.

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