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| Public Act 103-0314 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Victims' Economic Security and Safety Act | ||||
is amended by changing Sections 15 and 20 as follows:
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(820 ILCS 180/15)
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Sec. 15. Purposes. The purposes of this Act are:
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(1) to promote the State's interest in reducing | ||||
domestic
violence, dating violence, sexual assault, gender | ||||
violence, and stalking, and any crime of violence by
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enabling victims of domestic violence, sexual violence, or | ||||
gender violence, or any crime of violence to maintain the
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financial independence necessary to leave abusive | ||||
situations,
achieve safety, and minimize the physical and | ||||
emotional injuries
from domestic violence, sexual | ||||
violence, or gender violence, or any crime of violence, | ||||
and to reduce the devastating
economic consequences of | ||||
domestic violence, sexual violence, or gender violence, or | ||||
any crime of violence to employers
and employees;
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(2) to address the failure of existing laws to protect | ||||
the
employment rights of employees who are victims of | ||||
domestic violence, sexual violence, or gender violence, or | ||||
any crime of violence and employees with a family or | ||||
household member
who is a victim of domestic violence, | ||
sexual violence, or gender violence, or any crime of | ||
violence by protecting the
civil and economic rights of | ||
those employees, and by furthering
the equal opportunity | ||
of women for economic self-sufficiency and
employment free | ||
from discrimination;
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(3) to accomplish the purposes described in paragraphs | ||
(1) and (2) by (A)
entitling
employed victims of domestic | ||
violence, sexual violence, or gender violence, or any | ||
crime of violence and employees with a family or household | ||
member who is a victim of domestic violence, sexual | ||
violence, or gender violence, or any crime of violence to | ||
take unpaid leave to seek
medical
help, legal assistance, | ||
counseling, safety planning, and other assistance
without | ||
penalty from their employers for the employee or the | ||
family or household member who is a victim; and (B) | ||
prohibiting employers from discriminating against any | ||
employee who is a victim of domestic violence, sexual | ||
violence, or gender violence, or any crime of violence or | ||
any employee who has a family or household member who is a | ||
victim of domestic violence, sexual violence, or gender | ||
violence, or any crime of violence, in a manner that | ||
accommodates the legitimate interests of employers and | ||
protects the safety of all persons in the workplace.
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(Source: P.A. 101-221, eff. 1-1-20.)
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(820 ILCS 180/20)
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Sec. 20. Entitlement to leave due to domestic violence, | ||
sexual violence, gender violence, or any other crime of | ||
violence.
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(a) Leave requirement.
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(1) Basis. An employee who is a victim of domestic | ||
violence, sexual violence, gender violence, or any
other | ||
crime of violence or an employee who has a family or | ||
household member who is a victim of
domestic violence, | ||
sexual violence, gender violence, or any other crime of
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violence whose interests are not adverse to
the employee | ||
as it relates to the domestic violence, sexual violence, | ||
gender violence, or any other crime of violence may take | ||
unpaid
leave
from work if the employee or employee's | ||
family or household member is experiencing an incident of | ||
domestic violence, sexual violence, gender violence, or | ||
any other crime of violence or to address domestic | ||
violence, sexual violence, gender violence, or any other | ||
crime of violence by:
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(A) seeking medical attention for, or recovering | ||
from,
physical or psychological injuries caused by | ||
domestic violence, sexual violence, gender violence, | ||
or any other crime of violence to the employee or the | ||
employee's family or
household member;
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(B) obtaining services from a victim services | ||
organization
for the employee or the employee's family | ||
or household
member;
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(C) obtaining psychological or other counseling | ||
for the
employee or the employee's family or household | ||
member;
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(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 | ||
violence, sexual violence, gender violence, or any | ||
other crime of violence or
ensure economic security; | ||
or
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(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, criminal, | ||
or military legal proceeding
related to or derived | ||
from domestic violence, sexual violence, gender | ||
violence, or any other crime of violence; .
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(F) attending the funeral or alternative to a | ||
funeral or wake of a family or household member who is | ||
killed in a crime of violence; | ||
(G) making arrangements necessitated by the death | ||
of a family or household member who is killed in a | ||
crime of violence; or | ||
(H) grieving the death of a family or household | ||
member who is killed in a crime of violence. | ||
(2) Period. Subject to subsection (c) and except as | ||
provided in paragraph (4) of this subsection, an employee | ||
working for an employer that employs
at least 50 employees | ||
shall be
entitled to a total of 12 workweeks of leave | ||
during any 12-month
period. Subject to subsection (c) and | ||
except as provided in paragraph (4) of this subsection, an | ||
employee working for an employer that employs
at least 15 | ||
but not more than 49 employees shall be entitled to a total | ||
of 8 workweeks of leave during any 12-month period. | ||
Subject to subsection (c) and except as provided in | ||
paragraph (4) of this subsection, an employee working for | ||
an employer that employs at least one but not more than 14 | ||
employees shall be entitled to a total of 4 workweeks of | ||
leave during any 12-month period. The total number of | ||
workweeks to which an employee is entitled shall not | ||
decrease during the relevant 12-month period. This Act | ||
does not create a right for an employee to take
unpaid | ||
leave that exceeds the unpaid leave time allowed under, or
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is in addition to the unpaid leave time permitted by, the | ||
federal
Family and Medical Leave Act of 1993 (29 U.S.C. | ||
2601 et seq.).
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(3) Schedule. Leave described in paragraph (1) may be | ||
taken consecutively, intermittently, or on a reduced work | ||
schedule.
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(4) Exceptions. An employee shall be entitled to use a | ||
cumulative total of not more than 2 workweeks (10 work | ||
days) of unpaid leave for the purposes described in | ||
subparagraphs (F), (G), or (H) of paragraph (1), which | ||
must be completed within 60 days after the date on which | ||
the employee receives notice of the death of the victim, | ||
and is subject to the following: | ||
(A) Except as provided in subparagraph (2), if an | ||
employee is also entitled to taken unpaid bereavement | ||
leave under the Family Bereavement Leave Act as a | ||
result of the death of the victim, this Act does not | ||
create a right for the employee to take unpaid | ||
bereavement leave that exceeds, or is in addition to, | ||
the unpaid bereavement leave the employee is entitled | ||
to take under the Family Bereavement Leave Act. | ||
(B) If an employee is also entitled to take unpaid | ||
bereavement leave under the Family Bereavement Leave | ||
Act as a result of the death of the victim, leave taken | ||
under this Act for the purposes described in | ||
subparagraphs (F), (G), or (H) of paragraph (1) or | ||
leave taken under the Family Bereavement Leave Act | ||
shall be in addition to, and shall not diminish, the | ||
total amount of leave time an employee is entitled to | ||
under paragraph (2). | ||
(C) If an employee is not entitled to unpaid | ||
bereavement leave under the Family Bereavement Leave | ||
Act as a result of the death of the victim, leave taken | ||
for the purposes described in subparagraphs (F), (G), | ||
or (H) of paragraph (1) shall be deducted from, and is | ||
not in addition to, the total amount of leave time an | ||
employee is entitled to under paragraph (2). | ||
(D) Leave taken for the purposes described in | ||
subparagraphs (F), (G), or (H) of paragraph (1) shall | ||
not otherwise limit or diminish the total amount of | ||
leave time an employee is entitled to take under | ||
paragraph (2). | ||
(b) Notice. The employee shall provide the employer with | ||
at least 48 hours'
advance
notice of the employee's intention | ||
to take the leave, unless providing
such notice is not | ||
practicable. When an unscheduled absence occurs,
the employer | ||
may not take any action against the employee if the
employee, | ||
upon request of the employer and within a reasonable period | ||
after the absence, provides
certification under subsection | ||
(c).
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(c) Certification.
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(1) In general. The employer may require the employee | ||
to provide
certification to the employer
that:
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(A) the employee or the employee's family or | ||
household
member is a victim of domestic violence, | ||
sexual violence, gender violence, or any other crime | ||
of violence; and
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(B) the leave is for one of the purposes | ||
enumerated in
paragraph (a)(1).
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The employee shall provide such certification to the | ||
employer within a
reasonable period after the employer | ||
requests certification.
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(2) Contents. An employee may satisfy the | ||
certification
requirement of paragraph (1) by providing to | ||
the employer
a sworn statement of the employee, and if the | ||
employee has possession of such document, the employee | ||
shall provide one of the following documents:
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(A) documentation from an employee, agent, or | ||
volunteer of
a victim services organization, an | ||
attorney, a member of
the clergy, or a medical or other | ||
professional from whom
the employee or the employee's | ||
family or household member
has sought assistance in | ||
addressing domestic violence, sexual violence, gender | ||
violence, or any other crime of violence and the | ||
effects of the violence;
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(B) a police, court, or military record; or | ||
(B-5) a death certificate, published obituary, or | ||
written verification of death, burial, or memorial | ||
services from a mortuary, funeral home, burial | ||
society, crematorium, religious institution, or | ||
government agency, documenting that a victim was | ||
killed in a crime of violence; or
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(C) other corroborating evidence.
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The employee shall choose which document to submit, | ||
and the employer shall not request or require more than | ||
one document to be submitted during the same 12-month | ||
period leave is requested or taken if the reason for leave | ||
is related to the same incident or incidents of violence | ||
or the same perpetrator or perpetrators of the violence. | ||
(d) Confidentiality. All information provided to the | ||
employer pursuant
to subsection (b) or (c), including a | ||
statement of the employee or any
other documentation, record, | ||
or corroborating evidence, and the fact
that the employee has | ||
requested or obtained leave pursuant to this
Section, shall be | ||
retained in the strictest confidence by the employer,
except | ||
to the extent that disclosure is:
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(1) requested or consented to in writing by the | ||
employee; or
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(2) otherwise required by applicable federal or State | ||
law.
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(e) Employment and benefits.
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(1) Restoration to position.
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(A) In general. Any
employee who takes leave under | ||
this Section for the
intended purpose of the leave | ||
shall be entitled, on return
from such leave:
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(i) to be restored by the employer to the | ||
position of
employment held by the employee when | ||
the leave
commenced; or
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(ii) to be restored to an equivalent position | ||
with
equivalent employment benefits, pay, and | ||
other terms
and conditions of employment.
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(B) Loss of benefits. The taking of leave under | ||
this
Section shall not result in the loss of any | ||
employment
benefit accrued prior to the date on which | ||
the leave
commenced.
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(C) Limitations. Nothing in this subsection shall | ||
be
construed to entitle any restored employee to:
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(i) the accrual of any seniority or employment
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benefits during any period of leave; or
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(ii) any right, benefit, or position of | ||
employment
other than any right, benefit, or | ||
position to which
the employee would have been | ||
entitled had the
employee not taken the leave.
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(D) Construction. Nothing in this paragraph shall | ||
be
construed to prohibit an employer from requiring an
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employee on leave under this Section to report | ||
periodically
to the employer on the status and | ||
intention of the employee
to return to work.
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(2) Maintenance of health benefits.
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(A) Coverage. Except as provided in subparagraph | ||
(B),
during any period that an employee takes leave | ||
under this
Section, the employer shall maintain | ||
coverage for the
employee and any family or household | ||
member under any group
health plan for the duration of | ||
such leave at the level and
under the conditions | ||
coverage would have been provided if
the employee had | ||
continued in employment continuously for
the duration | ||
of such leave.
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(B) Failure to return from leave. The employer may | ||
recover
the premium that the employer paid for | ||
maintaining coverage
for the employee and the | ||
employee's family or household
member under such group | ||
health plan during any period of
leave under this | ||
Section if:
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(i) the employee fails to return from leave | ||
under
this Section after the period of leave to | ||
which the
employee is entitled has expired; and
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(ii) the employee fails to return to work for | ||
a
reason other than:
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(I) the continuation, recurrence, or onset | ||
of
domestic violence, sexual violence, gender | ||
violence, or any other crime of
violence that | ||
entitles the
employee to leave pursuant to | ||
this Section; or
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(II) other circumstances beyond the | ||
control of the employee.
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(C) Certification.
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(i) Issuance. An employer may require an | ||
employee who
claims that the employee is unable to | ||
return to work
because of a reason described in | ||
subclause (I) or
(II) of subparagraph (B)(ii) to | ||
provide, within a
reasonable period after making | ||
the claim,
certification to the employer that the | ||
employee is
unable to return to work because of | ||
that reason.
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(ii) Contents. An employee may satisfy the
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certification requirement of clause (i) by | ||
providing
to the employer:
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(I) a sworn statement of the employee;
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(II) documentation from an employee, | ||
agent, or
volunteer of a victim services | ||
organization, an
attorney, a member of the | ||
clergy, or a medical
or other professional | ||
from whom the employee
has sought assistance | ||
in addressing domestic violence, sexual | ||
violence, gender violence, or any other crime | ||
of
violence and the effects of that
violence;
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(III) a police, court, or military record; | ||
or
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(IV) other corroborating evidence.
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The employee shall choose which document to | ||
submit, and the employer shall not request or require | ||
more than one document to be submitted. | ||
(D) Confidentiality. All information provided to | ||
the
employer pursuant to subparagraph (C), including a
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statement of the employee or any other documentation,
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record, or corroborating evidence, and the fact that | ||
the
employee is not returning to work because of a | ||
reason
described in subclause (I) or (II) of | ||
subparagraph (B)(ii)
shall be retained in the | ||
strictest confidence by the
employer, except to the | ||
extent that disclosure is:
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(i) requested or consented to in writing by | ||
the
employee; or
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(ii) otherwise required by applicable federal | ||
or
State law.
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(f) Prohibited acts.
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(1) Interference with rights.
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(A) Exercise of rights. It shall be unlawful for | ||
any
employer to interfere with, restrain, or deny the | ||
exercise
of or the attempt to exercise any right | ||
provided under
this Section.
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(B) Employer discrimination. It shall be unlawful | ||
for any
employer to discharge or harass any | ||
individual, or
otherwise discriminate against any | ||
individual with respect
to compensation, terms, | ||
conditions, or privileges of
employment of the | ||
individual (including retaliation in any
form or | ||
manner) because the individual:
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(i) exercised any right provided under this | ||
Section;
or
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(ii) opposed any practice made unlawful by | ||
this
Section.
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(C) Public agency sanctions. It shall be unlawful | ||
for any
public agency to deny, reduce, or terminate | ||
the benefits
of, otherwise sanction, or harass any | ||
individual, or
otherwise discriminate against any | ||
individual with respect
to the amount, terms, or | ||
conditions of public assistance of
the individual | ||
(including retaliation in any form or
manner) because | ||
the individual:
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(i) exercised any right provided under this | ||
Section;
or
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(ii) opposed any practice made unlawful by | ||
this
Section.
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(2) Interference with proceedings or inquiries. It | ||
shall be
unlawful for any person to discharge or in any | ||
other manner
discriminate (as described in subparagraph | ||
(B) or (C) of
paragraph (1)) against any individual | ||
because such individual:
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(A) has filed any charge, or has instituted or | ||
caused to be
instituted any proceeding, under or | ||
related to this
Section;
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(B) has given, or is about to give, any | ||
information in
connection with any inquiry or | ||
proceeding relating to any
right provided under this | ||
Section; or
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(C) has testified, or is about to testify, in any | ||
inquiry
or proceeding relating to any right provided | ||
under this Section.
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(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22; | ||
102-890, eff. 5-19-22.)
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