Full Text of SB1770 96th General Assembly
SB1770sam002 96TH GENERAL ASSEMBLY
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Sen. Heather Steans
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 1770
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| AMENDMENT NO. ______. Amend Senate Bill 1770 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Victims' Economic Security and Safety Act | 5 |
| is amended by changing Sections 5, 10, 15, 20, 25, 30, 35, and | 6 |
| 40 and by adding Section 37 as follows:
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| (820 ILCS 180/5)
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| Sec. 5. Findings. The General Assembly finds and declares | 9 |
| the
following:
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| (1) Domestic and sexual violence affects many persons | 11 |
| without
regard to age, race, educational level, | 12 |
| socioeconomic status,
religion, or occupation.
| 13 |
| (2) Domestic and sexual violence has a devastating | 14 |
| effect on
individuals, families, communities and the | 15 |
| workplace.
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| (3) Domestic violence crimes account for approximately |
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| 15%
of total crime costs in the United States each year.
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| (4) Violence against women has been reported to be the | 3 |
| leading
cause of physical injury to women. Such violence | 4 |
| has a
devastating impact on women's physical and emotional | 5 |
| health
and financial security.
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| (5) According to recent government surveys, from 1993 | 7 |
| through
1998 the average annual number of violent | 8 |
| victimizations
committed by intimate partners was | 9 |
| 1,082,110, 87% of which
were committed against women.
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| (6) Female murder victims were substantially more | 11 |
| likely than
male murder victims to have been killed by an | 12 |
| intimate
partner. About one-third of female murder | 13 |
| victims, and about
4% of male murder victims, were killed | 14 |
| by an
intimate partner.
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| (7) According to recent government estimates, | 16 |
| approximately
987,400 rapes occur annually in the United | 17 |
| States, 89% of the
rapes are perpetrated against female | 18 |
| victims.
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| (8) Approximately 10,200,000 people have been stalked | 20 |
| at some
time in their lives. Four out of every 5 stalking | 21 |
| victims
are women. Stalkers harass and terrorize their | 22 |
| victims by
spying on the victims, standing outside their | 23 |
| places of work
or homes, making unwanted phone calls, | 24 |
| sending or leaving
unwanted letters or items, or | 25 |
| vandalizing property.
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| (9) Employees in the United States who have been |
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| victims of
domestic violence, dating violence, sexual | 2 |
| assault, or
stalking too often suffer adverse consequences | 3 |
| in the
workplace as a result of their victimization.
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| (10) Victims of domestic violence, dating violence, | 5 |
| sexual
assault, and stalking face the threat of job loss | 6 |
| and loss of
health insurance as a result of the illegal | 7 |
| acts of the
perpetrators of violence.
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| (11) The prevalence of domestic violence, dating | 9 |
| violence,
sexual assault, stalking, and other violence | 10 |
| against women at
work is dramatic. Approximately 11% of all | 11 |
| rapes occur
in the workplace. About 50,500 individuals, 83% | 12 |
| of whom
are women, were raped or sexually assaulted in the | 13 |
| workplace
each year from 1992 through 1996. Half of all | 14 |
| female victims
of violent workplace crimes know their | 15 |
| attackers. Nearly one
out of 10 violent workplace incidents | 16 |
| is committed by
partners or spouses.
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| (12) Homicide is the leading cause of death for women | 18 |
| on the
job. Husbands, boyfriends, and ex-partners commit | 19 |
| 15%
of workplace homicides against women.
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| (13) Studies indicate that as much as 74% of employed
| 21 |
| battered women surveyed were harassed at work by their | 22 |
| abusive
partners.
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| (14) According to a 1998 report of the U.S. General | 24 |
| Accounting
Office, between one-fourth and one-half of | 25 |
| domestic violence
victims surveyed in 3 studies reported | 26 |
| that the victims
lost a job due, at least in part, to |
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| domestic violence.
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| (15) Women who have experienced domestic violence or | 3 |
| dating
violence are more likely than other women to be | 4 |
| unemployed, to
suffer from health problems that can affect | 5 |
| employability and
job performance, to report lower | 6 |
| personal income, and to rely
on welfare.
| 7 |
| (16) Abusers frequently seek to control their partners | 8 |
| by
actively interfering with their ability to work, | 9 |
| including
preventing their partners from going to work, | 10 |
| harassing their
partners at work, limiting the access of | 11 |
| their partners to
cash or transportation, and sabotaging | 12 |
| the child care
arrangements of their partners.
| 13 |
| (17) More than one-half of women receiving welfare have | 14 |
| been
victims of domestic violence as adults and between | 15 |
| one-fourth
and one-third reported being abused in the last | 16 |
| year.
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| (18) Sexual assault, whether occurring in or out of the
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| workplace, can impair an employee's work performance, | 19 |
| require
time away from work, and undermine the employee's | 20 |
| ability to
maintain a job. Almost 50% of sexual assault | 21 |
| survivors
lose their jobs or are forced to quit in the | 22 |
| aftermath of the
assaults.
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| (19) More than one-fourth of stalking victims report | 24 |
| losing time
from work due to the stalking and 7% never | 25 |
| return
to work.
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| (20) (A) According to the National Institute of |
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| Justice, crime
costs an estimated $450,000,000,000 | 2 |
| annually in medical
expenses, lost earnings, social | 3 |
| service costs, pain,
suffering, and reduced quality of life | 4 |
| for victims, which
harms the Nation's productivity and | 5 |
| drains the Nation's
resources.
(B) Violent crime accounts | 6 |
| for $426,000,000,000 per year of
this amount.
(C) Rape | 7 |
| exacts the highest costs per victim of any criminal
| 8 |
| offense, and accounts for $127,000,000,000 per year of the
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| amount described in subparagraph (A).
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| (21) The Bureau of National Affairs has estimated that | 11 |
| domestic
violence costs United States employers between | 12 |
| $3,000,000,000
and $5,000,000,000 annually in lost time | 13 |
| and productivity.
Other reports have estimated that | 14 |
| domestic violence costs
United States employers | 15 |
| $13,000,000,000 annually.
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| (22) United States medical costs for domestic violence | 17 |
| have been
estimated to be $31,000,000,000 per year.
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| (23) Ninety-four percent of corporate security and | 19 |
| safety
directors at companies nationwide rank domestic | 20 |
| violence as a
high security concern.
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| (24) Forty-nine percent of senior executives recently | 22 |
| surveyed
said domestic violence has a harmful effect on | 23 |
| their company's
productivity, 47% said domestic violence | 24 |
| negatively
affects attendance, and 44% said domestic | 25 |
| violence
increases health care costs.
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| (25) Employees, including individuals participating in |
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| welfare
to work programs, may need to take time during | 2 |
| business hours
to:
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| (A) obtain orders of protection or civil no contact | 4 |
| orders ;
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| (B) seek medical or legal assistance, counseling, | 6 |
| or other
services; or
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| (C) look for housing in order to escape from | 8 |
| domestic or sexual
violence.
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| (Source: P.A. 93-591, eff. 8-25-03.)
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| (820 ILCS 180/10)
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| Sec. 10. Definitions. In this Act, except as otherwise | 12 |
| expressly provided:
| 13 |
| (1) "Commerce" includes trade, traffic, commerce,
| 14 |
| transportation, or communication; and "industry or | 15 |
| activity
affecting commerce" means any activity, business, | 16 |
| or industry in
commerce or in which a labor dispute would | 17 |
| hinder or obstruct
commerce or the free flow of commerce, | 18 |
| and includes "commerce" and
any "industry affecting | 19 |
| commerce".
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| (2) "Course of conduct" means a course of repeatedly | 21 |
| maintaining
a visual or physical proximity to a person or | 22 |
| conveying oral or
written threats, including threats | 23 |
| conveyed through electronic
communications, or threats | 24 |
| implied by conduct.
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| (3) "Department" means the Department of Labor.
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| (4) "Director" means the Director of Labor.
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| (5) "Domestic or sexual violence" means domestic | 3 |
| violence, sexual
assault, or stalking.
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| (6) "Domestic violence" means abuse, as defined in | 5 |
| Section 103 of the Illinois Domestic Violence Act of 1986, | 6 |
| by a family or household member, as defined in Section 103 | 7 |
| of the Illinois Domestic Violence Act of 1986 includes acts | 8 |
| or threats of violence, not
including acts of self defense, | 9 |
| as defined in subdivision (3) of
Section 103 of the | 10 |
| Illinois Domestic Violence Act of 1986, sexual assault, or
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| death to the person, or the person's family or household | 12 |
| member,
if the conduct causes the specific person to have | 13 |
| such distress
or fear .
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| (7) "Electronic communications" includes | 15 |
| communications via
telephone, mobile phone, computer, | 16 |
| e-mail, video recorder, fax
machine, telex, or pager , or | 17 |
| any other electronic communication, as defined in Section | 18 |
| 12-7.5 of the Criminal Code of 1961 .
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| (8) "Employ" includes to suffer or permit to work.
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| (9) Employee.
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| (A) In general. "Employee" means any person | 22 |
| employed by an employer.
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| (B) Basis. "Employee" includes a person employed | 24 |
| as described in
subparagraph (A) on a full or part-time | 25 |
| basis,
or as a participant in a work
assignment as a | 26 |
| condition of receipt of federal or State
income-based |
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| public assistance.
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| (10) "Employer" means any of the following: (A) the | 3 |
| State or any agency
of the
State; (B) any unit of local | 4 |
| government or school district; or (C) any person
that | 5 |
| employs
at least 15 50 employees.
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| (11) "Employment benefits" means all benefits provided | 7 |
| or made
available to employees by an employer, including | 8 |
| group life
insurance, health insurance, disability | 9 |
| insurance, sick leave,
annual leave, educational benefits, | 10 |
| and pensions, and profit-sharing, regardless of
whether | 11 |
| such benefits are provided by a practice or written
policy | 12 |
| of an employer or through an "employee benefit plan".
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| "Employee benefit plan" or "plan" means an employee welfare
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| benefit plan or an employee pension benefit plan or a plan | 15 |
| which
is both an employee welfare benefit plan and an | 16 |
| employee pension
benefit plan.
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| (12) "Family or household member" , for employees with a | 18 |
| family or household member who is a victim of domestic or | 19 |
| sexual violence or is perceived to be a victim of domestic | 20 |
| or sexual violence, means a spouse,
parent, son, daughter, | 21 |
| other person related by blood or by present or prior | 22 |
| marriage, other person who shares a relationship through a | 23 |
| son or daughter, and persons jointly residing
in the same | 24 |
| household.
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| (13) "Parent" means the biological parent of an | 26 |
| employee or an
individual who stood in loco parentis to an |
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| employee when the
employee was a son or daughter. "Son or | 2 |
| daughter" means
a biological, adopted, or foster child, a | 3 |
| stepchild, a legal
ward, or a child of a person standing in | 4 |
| loco parentis, who is
under 18 years of age, or is 18 years | 5 |
| of age or older and incapable
of self-care because of a | 6 |
| mental or physical disability.
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| (14) "Perpetrator" means an individual who commits or | 8 |
| is alleged
to have committed any act or threat of domestic | 9 |
| or sexual
violence.
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| (15) "Person" means an individual, partnership, | 11 |
| association,
corporation, business trust, legal | 12 |
| representative, or any
organized group of persons.
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| (15.1) "Prevailing employee" means an employee who | 14 |
| obtains relief by administrative order, court order, or | 15 |
| whose suit or claim is settled by private agreement.
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| (16) "Public agency" means the Government of the State | 17 |
| or
political subdivision thereof; any agency of the State, | 18 |
| or of a
political subdivision of the State; or any | 19 |
| governmental agency.
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| (17) "Public assistance" includes cash, food stamps, | 21 |
| medical
assistance, housing assistance, and other benefits | 22 |
| provided on
the basis of income by a public agency or | 23 |
| public employer.
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| (18) "Reduced work schedule" means a work schedule that | 25 |
| reduces
the usual number of hours per workweek, or hours | 26 |
| per workday, of
an employee.
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| (19) "Repeatedly" means on 2 or more occasions.
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| (20) "Sexual assault" means any conduct proscribed by | 3 |
| the
Criminal Code of 1961 in Sections 12-13, 12-14, | 4 |
| 12-14.1,
12-15, and 12-16.
| 5 |
| (21) "Stalking" means any conduct proscribed by the | 6 |
| Criminal
Code of 1961 in Sections 12-7.3 , and 12-7.4 , and | 7 |
| 12-7.5 .
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| (22) "Victim" or "survivor" means an individual who has
| 9 |
| been subjected to domestic or sexual violence.
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| (23) "Victim services organization" means a nonprofit,
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| nongovernmental organization that provides assistance to | 12 |
| victims
of domestic or sexual violence or to advocates for | 13 |
| such victims,
including a rape crisis center, an | 14 |
| organization carrying out a
domestic violence program, an | 15 |
| organization operating a shelter or
providing counseling | 16 |
| services, or a legal services organization
or other | 17 |
| organization providing assistance through the legal
| 18 |
| process.
| 19 |
| (Source: P.A. 93-591, eff. 8-25-03.)
| 20 |
| (820 ILCS 180/15)
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| Sec. 15. Purposes. The purposes of this Act are:
| 22 |
| (1) to promote the State's interest in reducing | 23 |
| domestic
violence, dating violence, sexual assault, and | 24 |
| stalking by
enabling victims of domestic or sexual violence | 25 |
| to maintain the
financial independence necessary to leave |
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| abusive situations,
achieve safety, and minimize the | 2 |
| physical and emotional injuries
from domestic or sexual | 3 |
| violence, and to reduce the devastating
economic | 4 |
| consequences of domestic or sexual violence to employers
| 5 |
| and employees;
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| (2) to address the failure of existing laws to protect | 7 |
| the
employment rights of employees who are victims of | 8 |
| domestic or
sexual violence and employees with a family or | 9 |
| household member
who is a victim of domestic or sexual | 10 |
| violence, by protecting the
civil and economic rights of | 11 |
| those employees, and by furthering
the equal opportunity of | 12 |
| women for economic self-sufficiency and
employment free | 13 |
| from discrimination;
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| (3) to accomplish the purposes described in paragraphs | 15 |
| (1) and (2) by (A)
entitling
employed victims of domestic | 16 |
| or sexual violence and employees with a family or household | 17 |
| member who is a victim of domestic or sexual violence to | 18 |
| take unpaid leave to seek
medical
help, legal assistance, | 19 |
| counseling, safety planning, and other assistance
without | 20 |
| penalty from their employers for the employee or the family | 21 |
| or household member who is a victim; and (B) prohibiting | 22 |
| employers from discriminating against any employee who is | 23 |
| an actual or perceived victim of domestic or sexual | 24 |
| violence or any employee who has a family or household | 25 |
| member who is an actual or perceived victim of domestic or | 26 |
| sexual violence, in a manner that accommodates the |
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| legitimate interests of employers and protects the safety | 2 |
| of all persons in the workplace .
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| (Source: P.A. 93-591, eff. 8-25-03.)
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| (820 ILCS 180/20)
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| Sec. 20. Entitlement to leave due to domestic or sexual | 6 |
| violence.
| 7 |
| (a) Leave requirement.
| 8 |
| (1) Basis. An employee who is a victim of domestic or | 9 |
| sexual
violence or has a family or household member who is | 10 |
| a victim of
domestic or sexual violence whose interests are | 11 |
| not adverse to
the employee as it relates to the domestic | 12 |
| or sexual violence may take unpaid
leave
from work to | 13 |
| address domestic or
sexual violence by:
| 14 |
| (A) seeking medical attention for, or recovering | 15 |
| from,
physical or psychological injuries caused by | 16 |
| domestic or
sexual violence to the employee or the | 17 |
| employee's family or
household member;
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| (B) obtaining services from a victim services | 19 |
| organization
for the employee or the employee's family | 20 |
| or household
member;
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| (C) obtaining psychological or other counseling | 22 |
| for the
employee or the employee's family or household | 23 |
| member;
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| (D) participating in safety planning, temporarily | 25 |
| or
permanently relocating, or taking other actions to |
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| increase
the safety of the employee or the employee's | 2 |
| family or
household member from future domestic or | 3 |
| sexual violence or
ensure economic security; or
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| (E) seeking legal assistance or remedies to ensure | 5 |
| the
health and safety of the employee or the employee's | 6 |
| family
or household member, including preparing for or
| 7 |
| participating in any civil or criminal legal | 8 |
| proceeding
related to or derived from domestic or | 9 |
| sexual violence.
| 10 |
| (2) Period. Subject to subsection (c), an employee | 11 |
| shall be
entitled to a total of 12 workweeks of leave | 12 |
| during any 12-month
period. This Act does not create a | 13 |
| right for an employee to take
unpaid leave that exceeds the | 14 |
| unpaid leave time allowed under, or
is in addition to the | 15 |
| unpaid leave time permitted by, the federal
Family and | 16 |
| Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
| 17 |
| (3) Schedule. Leave described in paragraph (1) may be | 18 |
| taken
intermittently or on a reduced work schedule.
| 19 |
| (b) Notice. The employee shall provide the employer with at | 20 |
| least 48 hours'
advance
notice of the employee's intention to | 21 |
| take the leave, unless providing
such notice is not | 22 |
| practicable. When an unscheduled absence occurs,
the employer | 23 |
| may not take any action against the employee if the
employee, | 24 |
| upon request of the employer and within a reasonable period | 25 |
| after the absence, provides
certification under subsection | 26 |
| (c).
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| (c) Certification.
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| (1) In general. The employer may require the employee | 3 |
| to provide
certification to the employer
that:
| 4 |
| (A) the employee or the employee's family or | 5 |
| household
member is a victim of domestic or sexual | 6 |
| violence; and
| 7 |
| (B) the leave is for one of the purposes enumerated | 8 |
| in
paragraph (a)(1).
| 9 |
| The employee shall provide such certification to the | 10 |
| employer within a
reasonable period after the employer | 11 |
| requests certification.
| 12 |
| (2) Contents. An employee may satisfy the | 13 |
| certification
requirement of paragraph (1) by providing to | 14 |
| the employer
a sworn statement of the employee, and upon | 15 |
| obtaining such documents the
employee shall provide:
| 16 |
| (A) documentation from an employee, agent, or | 17 |
| volunteer of
a victim services organization, an | 18 |
| attorney, a member of
the clergy, or a medical or other | 19 |
| professional from whom
the employee or the employee's | 20 |
| family or household member
has sought assistance in | 21 |
| addressing domestic or sexual
violence and the effects | 22 |
| of the violence;
| 23 |
| (B) a police or court record; or
| 24 |
| (C) other corroborating evidence.
| 25 |
| (d) Confidentiality. All information provided to the | 26 |
| employer pursuant
to subsection (b) or (c), including a |
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| statement of the employee or any
other documentation, record, | 2 |
| or corroborating evidence, and the fact
that the employee has | 3 |
| requested or obtained leave pursuant to this
Section, shall be | 4 |
| retained in the strictest confidence by the employer,
except to | 5 |
| the extent that disclosure is:
| 6 |
| (1) requested or consented to in writing by the | 7 |
| employee; or
| 8 |
| (2) otherwise required by applicable federal or State | 9 |
| law.
| 10 |
| Any employer that fails to maintain the required | 11 |
| confidentiality shall be liable to the prevailing employee for | 12 |
| damages of $2,000 for each unwarranted disclosure. | 13 |
| (e) Employment and benefits.
| 14 |
| (1) Restoration to position.
| 15 |
| (A) In general. Any
employee who takes leave under | 16 |
| this Section for the
intended purpose of the leave | 17 |
| shall be entitled, on return
from such leave:
| 18 |
| (i) to be restored by the employer to the | 19 |
| position of
employment held by the employee when | 20 |
| the leave
commenced; or
| 21 |
| (ii) to be restored to an equivalent position | 22 |
| with
equivalent employment benefits, pay, and | 23 |
| other terms
and conditions of employment.
| 24 |
| (B) Loss of benefits. The taking of leave under | 25 |
| this
Section shall not result in the loss of any | 26 |
| employment
benefit accrued prior to the date on which |
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| the leave
commenced.
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| (C) Limitations. Nothing in this subsection shall | 3 |
| be
construed to entitle any restored employee to:
| 4 |
| (i) the accrual of any seniority or employment
| 5 |
| benefits during any period of leave; or
| 6 |
| (ii) any right, benefit, or position of | 7 |
| employment
other than any right, benefit, or | 8 |
| position to which
the employee would have been | 9 |
| entitled had the
employee not taken the leave.
| 10 |
| (D) Construction. Nothing in this paragraph shall | 11 |
| be
construed to prohibit an employer from requiring an
| 12 |
| employee on leave under this Section to report | 13 |
| periodically
to the employer on the status and | 14 |
| intention of the employee
to return to work.
| 15 |
| (2) Maintenance of health benefits.
| 16 |
| (A) Coverage. Except as provided in subparagraph | 17 |
| (B),
during any period that an employee takes leave | 18 |
| under this
Section, the employer shall maintain | 19 |
| coverage for the
employee and any family or household | 20 |
| member under any group
health plan for the duration of | 21 |
| such leave at the level and
under the conditions | 22 |
| coverage would have been provided if
the employee had | 23 |
| continued in employment continuously for
the duration | 24 |
| of such leave.
| 25 |
| (B) Failure to return from leave. The employer may | 26 |
| recover
the premium that the employer paid for |
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| maintaining coverage
for the employee and the | 2 |
| employee's family or household
member under such group | 3 |
| health plan during any period of
leave under this | 4 |
| Section if:
| 5 |
| (i) the employee fails to return from leave | 6 |
| under
this Section after the period of leave to | 7 |
| which the
employee is entitled has expired; and
| 8 |
| (ii) the employee fails to return to work for a
| 9 |
| reason other than:
| 10 |
| (I) the continuation, recurrence, or onset | 11 |
| of
domestic or sexual violence that entitles | 12 |
| the
employee to leave pursuant to this Section; | 13 |
| or
| 14 |
| (II) other circumstances beyond the | 15 |
| control of the employee.
| 16 |
| (C) Certification.
| 17 |
| (i) Issuance. An employer may require an | 18 |
| employee who
claims that the employee is unable to | 19 |
| return to work
because of a reason described in | 20 |
| subclause (I) or
(II) of subparagraph (B)(ii) to | 21 |
| provide, within a
reasonable period after making | 22 |
| the claim,
certification to the employer that the | 23 |
| employee is
unable to return to work because of | 24 |
| that reason.
| 25 |
| (ii) Contents. An employee may satisfy the
| 26 |
| certification requirement of clause (i) by |
|
|
|
09600SB1770sam002 |
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LRB096 11246 WGH 24460 a |
|
| 1 |
| providing
to the employer:
| 2 |
| (I) a sworn statement of the employee;
| 3 |
| (II) documentation from an employee, | 4 |
| agent, or
volunteer of a victim services | 5 |
| organization, an
attorney, a member of the | 6 |
| clergy, or a medical
or other professional from | 7 |
| whom the employee
has sought assistance in | 8 |
| addressing domestic or
sexual violence and the | 9 |
| effects of that
violence;
| 10 |
| (III) a police or court record; or
| 11 |
| (IV) other corroborating evidence.
| 12 |
| (D) Confidentiality. All information provided to | 13 |
| the
employer pursuant to subparagraph (C), including a
| 14 |
| statement of the employee or any other documentation,
| 15 |
| record, or corroborating evidence, and the fact that | 16 |
| the
employee is not returning to work because of a | 17 |
| reason
described in subclause (I) or (II) of | 18 |
| subparagraph (B)(ii)
shall be retained in the | 19 |
| strictest confidence by the
employer, except to the | 20 |
| extent that disclosure is:
| 21 |
| (i) requested or consented to in writing by the
| 22 |
| employee; or
| 23 |
| (ii) otherwise required by applicable federal | 24 |
| or
State law.
| 25 |
| Any employer that fails to maintain the required | 26 |
| confidentiality shall be liable to the prevailing |
|
|
|
09600SB1770sam002 |
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LRB096 11246 WGH 24460 a |
|
| 1 |
| employee for damages of $2,000 for each unwarranted | 2 |
| disclosure. | 3 |
| (f) Prohibited acts.
| 4 |
| (1) Interference with rights.
| 5 |
| (A) Exercise of rights. It shall be unlawful for | 6 |
| any
employer to interfere with, restrain, or deny the | 7 |
| exercise
of or the attempt to exercise any right | 8 |
| provided under
this Section.
| 9 |
| (B) Employer discrimination. It shall be unlawful | 10 |
| for any
employer to discharge or harass any individual, | 11 |
| or
otherwise discriminate against any individual with | 12 |
| respect
to compensation, terms, conditions, or | 13 |
| privileges of
employment of the individual (including | 14 |
| retaliation in any
form or manner) because the | 15 |
| individual:
| 16 |
| (i) exercised any right provided under this | 17 |
| Section;
or
| 18 |
| (ii) opposed any practice made unlawful by | 19 |
| this
Section.
| 20 |
| (C) Public agency sanctions. It shall be unlawful | 21 |
| for any
public agency to deny, reduce, or terminate the | 22 |
| benefits
of, otherwise sanction, or harass any | 23 |
| individual, or
otherwise discriminate against any | 24 |
| individual with respect
to the amount, terms, or | 25 |
| conditions of public assistance of
the individual | 26 |
| (including retaliation in any form or
manner) because |
|
|
|
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|
| 1 |
| the individual:
| 2 |
| (i) exercised any right provided under this | 3 |
| Section;
or
| 4 |
| (ii) opposed any practice made unlawful by | 5 |
| this
Section.
| 6 |
| (2) Interference with proceedings or inquiries. It | 7 |
| shall be
unlawful for any person to discharge or in any | 8 |
| other manner
discriminate (as described in subparagraph | 9 |
| (B) or (C) of
paragraph (1)) against any individual because | 10 |
| such individual:
| 11 |
| (A) has filed any charge, or has instituted or | 12 |
| caused to be
instituted any proceeding, under or | 13 |
| related to this
Section;
| 14 |
| (B) has given, or is about to give, any information | 15 |
| in
connection with any inquiry or proceeding relating | 16 |
| to any
right provided under this Section; or
| 17 |
| (C) has testified, or is about to testify, in any | 18 |
| inquiry
or proceeding relating to any right provided | 19 |
| under this Section.
| 20 |
| (Source: P.A. 93-591, eff. 8-25-03.)
| 21 |
| (820 ILCS 180/25)
| 22 |
| Sec. 25.
Existing leave usable for addressing domestic or | 23 |
| sexual
violence. An employee who is entitled to take paid or | 24 |
| unpaid leave (including
family, medical, sick, annual, | 25 |
| personal, or similar leave) from employment,
pursuant to |
|
|
|
09600SB1770sam002 |
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|
| 1 |
| federal, State, or local law, a collective bargaining | 2 |
| agreement, or
an
employment benefits program or plan, may elect | 3 |
| to substitute any period of such
leave for an equivalent period | 4 |
| of leave provided under Section 20. The employer may not | 5 |
| require the employee to substitute available paid or unpaid | 6 |
| leave for leave provided under Section 20.
| 7 |
| (Source: P.A. 93-591, eff. 8-25-03.)
| 8 |
| (820 ILCS 180/30)
| 9 |
| Sec. 30.
Victims' employment sustainability; prohibited
| 10 |
| discriminatory acts.
| 11 |
| (a) An employer shall not fail to hire, refuse to hire,
| 12 |
| discharge, constructively discharge, or harass any individual, | 13 |
| otherwise discriminate against any
individual with respect to | 14 |
| the compensation, terms, conditions, or
privileges of | 15 |
| employment of the individual, or retaliate against an
| 16 |
| individual in any form or manner, and a public agency shall not | 17 |
| deny,
reduce, or terminate the benefits of, otherwise sanction, | 18 |
| or harass any
individual, otherwise discriminate against any | 19 |
| individual with respect
to the amount, terms, or conditions of | 20 |
| public assistance of the
individual, or retaliate against an | 21 |
| individual in any form or manner,
because:
| 22 |
| (1) the individual involved:
| 23 |
| (A) is or is perceived to be a victim of domestic | 24 |
| or sexual
violence;
| 25 |
| (B) attended, participated in, prepared for, or |
|
|
|
09600SB1770sam002 |
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LRB096 11246 WGH 24460 a |
|
| 1 |
| requested
leave to attend, participate in, or prepare | 2 |
| for a criminal
or civil court proceeding relating to an | 3 |
| incident of
domestic or sexual violence of which the | 4 |
| individual or a
family or household member of the | 5 |
| individual was a victim , or requested or took leave for | 6 |
| any other reason provided under Section 20 ;
or
| 7 |
| (C) requested an adjustment to a job structure, | 8 |
| workplace
facility, or work requirement, including a | 9 |
| transfer,
reassignment, or modified schedule, leave, a | 10 |
| changed
telephone number or seating assignment, | 11 |
| installation of a
lock, or implementation of a safety | 12 |
| procedure in response
to actual or threatened domestic | 13 |
| or sexual violence,
regardless of whether the request | 14 |
| was granted; or
| 15 |
| (2) the workplace is disrupted or threatened by the | 16 |
| action of a
person whom the individual states has committed | 17 |
| or threatened to
commit domestic or sexual violence against | 18 |
| the individual or the
individual's family or household | 19 |
| member.
| 20 |
| (b) In this Section:
| 21 |
| (1) "Discriminate", used with respect to the terms, | 22 |
| conditions,
or privileges of employment or with respect to | 23 |
| the terms or
conditions of public assistance, includes not | 24 |
| making a reasonable
accommodation to the known limitations | 25 |
| resulting from
circumstances relating to being a victim of | 26 |
| domestic or sexual
violence or a family or household member |
|
|
|
09600SB1770sam002 |
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LRB096 11246 WGH 24460 a |
|
| 1 |
| being a victim of
domestic or sexual violence of an | 2 |
| otherwise qualified individual:
| 3 |
| (A) who is:
| 4 |
| (i) an applicant or employee of the employer | 5 |
| (including a
public agency); or
| 6 |
| (ii) an applicant for or recipient of public | 7 |
| assistance
from a public agency; and
| 8 |
| (B) who is:
| 9 |
| (i) a victim of domestic or sexual violence; or
| 10 |
| (ii) with a family or household member who is a | 11 |
| victim of
domestic or sexual violence whose | 12 |
| interests are not adverse to
the individual in | 13 |
| subparagraph (A) as it relates to the domestic
or | 14 |
| sexual violence;
| 15 |
| unless the employer or public agency can demonstrate that | 16 |
| the
accommodation would impose an undue hardship on the | 17 |
| operation of
the employer or public agency.
| 18 |
| A reasonable accommodation must be made in a timely | 19 |
| fashion. Any exigent circumstances or danger facing the | 20 |
| employee or his or her family or household member shall be | 21 |
| considered in determining whether the accommodation is | 22 |
| reasonable.
| 23 |
| (2) "Qualified individual" means:
| 24 |
| (A) in the case of an applicant or employee | 25 |
| described in
paragraph (1)(A)(i), an individual who, | 26 |
| but for being a
victim of domestic or sexual violence |
|
|
|
09600SB1770sam002 |
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|
| 1 |
| or with a family or
household member who is a victim of | 2 |
| domestic or sexual
violence, can perform the essential | 3 |
| functions of the
employment position that such | 4 |
| individual holds or desires;
or
| 5 |
| (B) in the case of an applicant or recipient | 6 |
| described in
paragraph (1)(A)(ii), an individual who, | 7 |
| but for being a
victim of domestic or sexual violence | 8 |
| or with a family or
household member who is a victim of | 9 |
| domestic or sexual
violence, can satisfy the essential | 10 |
| requirements of the
program providing the public | 11 |
| assistance that the individual
receives or desires.
| 12 |
| (3) "Reasonable accommodation" may include an | 13 |
| adjustment to a job
structure, workplace facility, or work | 14 |
| requirement, including a
transfer, reassignment, or | 15 |
| modified schedule, leave, a changed
telephone number or | 16 |
| seating assignment, installation of a lock,
or | 17 |
| implementation of a safety procedure, or assistance in | 18 |
| documenting domestic or sexual violence that occurs at the | 19 |
| workplace or in work-related settings, in response to | 20 |
| actual or
threatened domestic or sexual violence.
| 21 |
| (4) Undue hardship.
| 22 |
| (A) In general. "Undue hardship" means an action | 23 |
| requiring
significant difficulty or expense, when | 24 |
| considered in light
of the factors set forth in | 25 |
| subparagraph (B).
| 26 |
| (B) Factors to be considered. In determining |
|
|
|
09600SB1770sam002 |
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LRB096 11246 WGH 24460 a |
|
| 1 |
| whether a
reasonable accommodation would impose an | 2 |
| undue hardship on
the operation of an employer or | 3 |
| public agency, factors to
be considered include:
| 4 |
| (i) the nature and cost of the reasonable
| 5 |
| accommodation needed under this Section;
| 6 |
| (ii) the overall financial resources of the | 7 |
| facility
involved in the provision of the | 8 |
| reasonable
accommodation, the number of persons | 9 |
| employed at such
facility, the effect on expenses | 10 |
| and resources, or
the impact otherwise of such | 11 |
| accommodation on the
operation of the facility;
| 12 |
| (iii) the overall financial resources of the | 13 |
| employer
or public agency, the overall size of the | 14 |
| business of
an employer or public agency with | 15 |
| respect to the
number of employees of the employer | 16 |
| or public agency,
and the number, type, and | 17 |
| location of the facilities
of an employer or public | 18 |
| agency; and
| 19 |
| (iv) the type of operation of the employer or | 20 |
| public
agency, including the composition, | 21 |
| structure, and
functions of the workforce of the | 22 |
| employer or public
agency, the geographic | 23 |
| separateness of the facility
from the employer or | 24 |
| public agency, and the
administrative or fiscal | 25 |
| relationship of the facility
to the employer or | 26 |
| public agency.
|
|
|
|
09600SB1770sam002 |
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LRB096 11246 WGH 24460 a |
|
| 1 |
| (Source: P.A. 93-591, eff. 8-25-03.)
| 2 |
| (820 ILCS 180/35)
| 3 |
| Sec. 35. Enforcement.
| 4 |
| (a) Department of Labor.
| 5 |
| (1) The Director or his or her authorized | 6 |
| representative shall
administer and enforce the provisions | 7 |
| of this Act. Any employee or a
representative of employees | 8 |
| who believes his or her rights under this
Act have been | 9 |
| violated may, within 3 years after the alleged violation
| 10 |
| occurs, file a complaint with the Department requesting a | 11 |
| review of the
alleged violation. A copy of the complaint | 12 |
| shall be sent to the person
who allegedly committed the | 13 |
| violation, who shall be the respondent.
Upon receipt of a | 14 |
| complaint, the Director shall cause such
investigation to | 15 |
| be made as he or she deems appropriate. The
investigation | 16 |
| shall provide an opportunity for a public hearing at the
| 17 |
| request of any party to the review to enable the parties to | 18 |
| present
information relating to the alleged allegation. | 19 |
| The parties shall be
given written notice of the time and | 20 |
| place of the hearing at least 7
days before the hearing. | 21 |
| Upon receiving the report of the
investigation, the | 22 |
| Director shall make findings of fact. If the
Director finds | 23 |
| that a violation did occur, he or she shall issue a
| 24 |
| decision incorporating his or her findings and requiring | 25 |
| the party
committing the violation to take such affirmative |
|
|
|
09600SB1770sam002 |
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LRB096 11246 WGH 24460 a |
|
| 1 |
| action to abate the
violation as the Director deems | 2 |
| appropriate, including:
| 3 |
| (A) damages equal to the amount of wages,
salary, | 4 |
| employment benefits, public assistance, or
other | 5 |
| compensation denied or lost to such individual
by | 6 |
| reason of the violation, and the interest on that
| 7 |
| amount calculated at the prevailing rate;
| 8 |
| (A-5) compensatory damages for emotional distress; | 9 |
| (A-10) liquidated damages of $5,000 to any | 10 |
| employee aggrieved by the failure of an employer to | 11 |
| post the notice required under Section 40;
| 12 |
| (B) such equitable relief as may be
appropriate, | 13 |
| including but not limited to hiring,
reinstatement, | 14 |
| promotion, and reasonable
accommodations; and
| 15 |
| (C) reasonable attorney's fees, reasonable expert | 16 |
| witness fees, and
other costs of the action to be paid | 17 |
| by the respondent to a prevailing
employee.
| 18 |
| If the Director finds that there was no violation, he | 19 |
| or she shall
issue an order denying the complaint. An order | 20 |
| issued by the Director
under this Section shall be final | 21 |
| and subject to judicial review under
the Administrative | 22 |
| Review Law.
| 23 |
| (2) The Director shall adopt rules necessary to | 24 |
| administer and
enforce this Act in accordance with the | 25 |
| Illinois Administrative
Procedure Act. The Director shall | 26 |
| have the powers and the parties shall
have the rights |
|
|
|
09600SB1770sam002 |
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LRB096 11246 WGH 24460 a |
|
| 1 |
| provided in the Illinois Administrative Procedure Act
for | 2 |
| contested cases, including, but not limited to, provisions | 3 |
| for
depositions, subpoena power and procedures, and | 4 |
| discovery and
protective order procedures.
| 5 |
| (3) Intervention. The Attorney General of Illinois may | 6 |
| intervene
on behalf of the Department if the Department | 7 |
| certifies that the case
is of general public importance. | 8 |
| Upon such intervention the court may
award such relief as | 9 |
| is authorized to be granted to
an employee who has filed a | 10 |
| complaint or whose representative has filed a
complaint
| 11 |
| under this Section.
| 12 |
| (b) Refusal to pay damages. Any employer who has been | 13 |
| ordered by
the Director of Labor or the court to pay damages | 14 |
| under this Section
and who fails to do so within 30 days after | 15 |
| the order is entered is
liable to pay a penalty of 1% per | 16 |
| calendar day to the employee for each
day of delay in paying | 17 |
| the damages to the employee.
| 18 |
| (Source: P.A. 93-591, eff. 8-25-03.)
| 19 |
| (820 ILCS 180/37 new) | 20 |
| Sec. 37. Private right of action. Any employee or | 21 |
| representative of employees aggrieved by a violation of this | 22 |
| Act or any rule adopted under this Act may file suit in circuit | 23 |
| court, in the county where the alleged offense occurred, | 24 |
| without regard to exhaustion of any alternative administrative | 25 |
| remedies provided under this Act. Actions may be brought by one |
|
|
|
09600SB1770sam002 |
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LRB096 11246 WGH 24460 a |
|
| 1 |
| or more individuals for and on behalf of themselves and other | 2 |
| individuals similarly situated. An individual whose rights | 3 |
| have been violated under this Act may seek any and all remedies | 4 |
| provided in this Act, including reasonable attorney's fees for | 5 |
| the prevailing employee, whether those remedies are obtained | 6 |
| through a court order or a suit or claim is settled by private | 7 |
| agreement.
| 8 |
| (820 ILCS 180/40)
| 9 |
| Sec. 40. Notification. Every employer covered by this Act
| 10 |
| shall post and keep posted, in conspicuous places on the | 11 |
| premises of
the employer where notices to employees are | 12 |
| customarily posted, a
notice, to be prepared or approved by the | 13 |
| Director of Labor,
summarizing the requirements of this Act and | 14 |
| information pertaining to
the filing of a charge or law suit . | 15 |
| The Director shall furnish copies of summaries
and rules to | 16 |
| employers upon request without charge. Any employer that fails | 17 |
| to post the required notice may not rely on the provisions in | 18 |
| subsection (b) of Section 20 to claim that the employee failed | 19 |
| to inform the employer that she or he wanted or was eligible | 20 |
| for leave under this Act.
| 21 |
| (Source: P.A. 93-591, eff. 8-25-03.)
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
|
|