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Public Act 103-0314
Public Act 0314 103RD GENERAL ASSEMBLY
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Public Act 103-0314
| | HB2493 Enrolled | LRB103 28184 SPS 54563 b |
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| AN ACT concerning employment.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Victims' Economic Security and Safety Act | is amended by changing Sections 15 and 20 as follows:
| (820 ILCS 180/15)
| Sec. 15. Purposes. The purposes of this Act are:
| (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
| enabling victims of domestic violence, sexual violence, or | gender violence, or any crime of violence to maintain the
| 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;
| (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;
| (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.
| (Source: P.A. 101-221, eff. 1-1-20.)
|
| (820 ILCS 180/20)
| Sec. 20. Entitlement to leave due to domestic violence, | sexual violence, gender violence, or any other crime of | violence.
| (a) Leave requirement.
| (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
| 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:
| (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;
| (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 | violence, sexual violence, gender violence, or any | other crime of 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, criminal, | or military legal proceeding
related to or derived | from domestic violence, sexual violence, gender | violence, or any other crime of violence; .
| (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
| 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.).
| (3) Schedule. Leave described in paragraph (1) may be | taken consecutively, intermittently, or on a reduced work | schedule.
| (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).
| (c) Certification.
| (1) In general. The employer may require the employee | to provide
certification to the employer
that:
| (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
| (B) the leave is for one of the purposes | enumerated in
paragraph (a)(1).
| The employee shall provide such certification to the |
| employer within a
reasonable period after the employer | requests certification.
| (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:
| (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;
| (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
| (C) other corroborating evidence.
| 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:
| (1) requested or consented to in writing by the | employee; or
| (2) otherwise required by applicable federal or State | law.
| (e) Employment and benefits.
| (1) Restoration to position.
| (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:
| (i) to be restored by the employer to the | position of
employment held by the employee when | the leave
commenced; or
| (ii) to be restored to an equivalent position | with
equivalent employment benefits, pay, and | other terms
and conditions of employment.
| (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.
| (C) Limitations. Nothing in this subsection shall | be
construed to entitle any restored employee to:
| (i) the accrual of any seniority or employment
| benefits during any period of leave; or
| (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.
| (D) Construction. Nothing in this paragraph shall | be
construed to prohibit an employer from requiring an
| employee on leave under this Section to report | periodically
to the employer on the status and | intention of the employee
to return to work.
| (2) Maintenance of health benefits.
| (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.
|
| (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:
| (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
| (ii) the employee fails to return to work for | a
reason other than:
| (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
| (II) other circumstances beyond the | control of the employee.
| (C) Certification.
| (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.
| (ii) Contents. An employee may satisfy the
| certification requirement of clause (i) by | providing
to the employer:
| (I) a sworn statement of the employee;
| (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;
| (III) a police, court, or military record; | or
| (IV) other corroborating evidence.
| 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
| statement of the employee or any other documentation,
| 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:
| (i) requested or consented to in writing by | the
employee; or
| (ii) otherwise required by applicable federal | or
State law.
| (f) Prohibited acts.
| (1) Interference with rights.
| (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.
| (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:
| (i) exercised any right provided under this | Section;
or
| (ii) opposed any practice made unlawful by | this
Section.
| (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:
| (i) exercised any right provided under this | Section;
or
| (ii) opposed any practice made unlawful by | this
Section.
| (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:
| (A) has filed any charge, or has instituted or | caused to be
instituted any proceeding, under or | related to this
Section;
| (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
| (C) has testified, or is about to testify, in any | inquiry
or proceeding relating to any right provided | under this Section.
| (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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Effective Date: 1/1/2024
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