Public Act 102-0487
 
HB3582 EnrolledLRB102 15003 JLS 20358 b


  
    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 10, 20, 25, 30, and 45 as 
follows:
 


    (820 ILCS 180/10)


    Sec. 10. Definitions. In this Act, except as otherwise 
expressly provided:

        (1) "Commerce" includes trade, traffic, commerce,

    transportation, or communication; and "industry or 
    activity
affecting commerce" means any activity, business, 
    or industry in
commerce or in which a labor dispute would 
    hinder or obstruct
commerce or the free flow of commerce, 
    and includes "commerce" and
any "industry affecting 
    commerce".

        (2) "Course of conduct" means a course of repeatedly 
    maintaining
a visual or physical proximity to a person or 
    conveying oral or
written threats, including threats 
    conveyed through electronic
communications, or threats 
    implied by conduct.
        (2.5) "Crime of violence" means any conduct proscribed 
    by Articles 9, 11, 12, 26.5, 29D, and 33A of the Criminal 
    Code of 2012 or a similar provision of the Criminal Code of 
    1961, in addition to conduct proscribed by Articles of the 
    Criminal Code of 2012 referenced in other definitions in 
    this Section. 

        (3) "Department" means the Department of Labor.

        (4) "Director" means the Director of Labor.

        (5) "Domestic violence, sexual violence, or gender 
    violence" means domestic violence, sexual
assault, gender 
    violence, or stalking.

        (6) "Domestic violence" means abuse, as defined in 
    Section 103 of the Illinois Domestic Violence Act of 1986, 
    by a family or household member, as defined in Section 103 
    of the Illinois Domestic Violence Act of 1986.

        (7) "Electronic communications" includes 
    communications via
telephone, mobile phone, computer, 
    e-mail, video recorder, fax
machine, telex, pager, online 
    platform (including, but not limited to, any public-facing 
    website, web application, digital application, or social 
    network), or any other electronic communication, as 
    defined in Section 12-7.5 of the Criminal Code of 2012.

        (8) "Employ" includes to suffer or permit to work.

        (9) Employee.

            (A) In general. "Employee" means any person 
        employed by an employer.

            (B) Basis. "Employee" includes a person employed 
        as described in
subparagraph (A) on a full or 
        part-time basis,
or as a participant in a work

        assignment as a condition of receipt of federal or 
        State
income-based public assistance.

        (10) "Employer" means any of the following: (A) the 
    State or any agency
of the
State; (B) any unit of local 
    government or school district; or (C) any person
that 
    employs
at least one employee.

        (11) "Employment benefits" means all benefits provided 
    or made
available to employees by an employer, including 
    group life
insurance, health insurance, disability 
    insurance, sick leave,
annual leave, educational benefits, 
    pensions, and profit-sharing, regardless of
whether such 
    benefits are provided by a practice or written
policy of 
    an employer or through an "employee benefit plan".

    "Employee benefit plan" or "plan" means an employee 
    welfare
benefit plan or an employee pension benefit plan 
    or a plan which
is both an employee welfare benefit plan 
    and an employee pension
benefit plan.

        (12) "Family or household member", for employees with 
    a family or household member who is a victim of domestic 
    violence, sexual violence, or gender violence, or any

    other crime of violence,  means a spouse or party to a civil 
    union,
parent, grandparent, child, grandchild, sibling, or 
    any son, daughter, other person related by blood or by 
    present or prior marriage or civil union, other person  who 
    shares a relationship through a child, or any other 
    individual
whose close association
with the employee is 
    the equivalent of a family relationship as determined by 
    the employee son or daughter, and persons jointly residing

    in the same household.

    (12.5) "Gender violence" means:
        (A) one or more acts of violence or aggression 
    satisfying the elements of any criminal offense under the 
    laws of this State that are committed, at least in part, on 
    the basis of a person's actual or perceived sex or gender, 
    regardless of whether the acts resulted in criminal 
    charges, prosecution, or conviction;
        (B) a physical intrusion or physical invasion of a 
    sexual nature under coercive conditions satisfying the 
    elements of any criminal offense under the laws of this 
    State, regardless of whether the intrusion or invasion 
    resulted in criminal charges, prosecution, or conviction; 
    or
        (C) a threat of an act described in item (A) or (B) 
    causing a realistic apprehension that the originator of 
    the threat will commit the act.
        (13) (Blank). "Parent" means the biological parent of 
    an employee or an
individual who stood in loco parentis to 
    an employee when the
employee was a son or daughter. "Son 
    or daughter" means
a biological, adopted, or foster child, 
    a stepchild, a legal
ward, or a child of a person standing 
    in loco parentis, who is
under 18 years of age, or is 18 
    years of age or older and incapable
of self-care because 
    of a mental or physical disability.

        (14) "Perpetrator" means an individual who commits or 
    is alleged
to have committed any act or threat of domestic 
    violence, sexual violence, or gender violence, or any 
    other crime of violence.

        (15) "Person" means an individual, partnership, 
    association,
corporation, business trust, legal 
    representative, or any
organized group of persons.

        (16) "Public agency" means the Government of the State 
    or
political subdivision thereof; any agency of the State, 
    or of a
political subdivision of the State; or any 
    governmental agency.

        (17) "Public assistance" includes cash, food stamps, 
    medical
assistance, housing assistance, and other benefits 
    provided on
the basis of income by a public agency or 
    public employer.

        (18) "Reduced work schedule" means a work schedule 
    that reduces
the usual number of hours per workweek, or 
    hours per workday, of
an employee.

        (19) "Repeatedly" means on 2 or more occasions.

        (20) "Sexual assault" means any conduct proscribed by: 
    (i) Article 11 of the Criminal Code of 2012 except 
    Sections 11-35 and 11-45; (ii) Sections 12-13, 12-14, 
    12-14.1, 12-15, and 12-16 of the Criminal Code of 2012; or 
    (iii) a similar provision of the Criminal Code of 1961.
        (20.5) "Sexual violence" means sexual assault. 

        (21) "Stalking" means any conduct proscribed by the 
    Criminal
Code of 1961 or the Criminal Code of 2012 in 
    Sections 12-7.3, 12-7.4, and 12-7.5.

        (22) "Victim" or "survivor" means an individual who 
    has
been subjected to domestic violence, sexual violence, 
    or gender violence, or any other crime of violence.



    "Victim" also includes any person described as a victim, 
    as
defined under Section 2 of the Crime Victims 
    Compensation
Act.

        (23) "Victim services organization" means a nonprofit,

    nongovernmental organization that provides assistance to 
    victims
of domestic violence, sexual violence, or gender 
    violence, or any other crime of violence or to advocates 
    for such victims,
including a rape crisis center, an 
    organization carrying out a
domestic violence program, an 
    organization operating a shelter or
providing counseling 
    services, or a legal services organization
or other 
    organization providing assistance through the legal

    process.

(Source: P.A. 101-221, eff. 1-1-20.)

 


    (820 ILCS 180/20)



    Sec. 20. Entitlement to leave due to domestic violence, 
sexual violence, or gender violence, or any other crime of 
violence. 

    (a) Leave requirement.

        (1) Basis. An employee who is a victim of domestic 
    violence, sexual violence, or 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, or 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, 
    or 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, or gender violence, or 
    any other crime of violence or to address domestic 
    violence, sexual violence, or 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, or 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, or 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 or 
        criminal legal proceeding
related to or derived from 
        domestic violence, sexual violence, or gender 
        violence, or any other crime of violence.

        (2) Period. Subject to subsection (c), 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), 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), 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.

    (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, or 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 upon 
    obtaining such documents the
employee shall provide:

            (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, or 
        gender violence, or any other crime of violence and 
        the effects of the violence;

            (B) a police or court record; 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, or 
                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, or gender violence, or any other 
                crime of
violence and the effects of that

                violence;

                    (III) a police or court 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.)

 


    (820 ILCS 180/25)




    Sec. 25. Existing leave usable for addressing domestic 
violence, sexual violence, or gender violence, or any criminal 
violence. An employee who is entitled to take paid or unpaid 
leave (including
family, medical, sick, annual, personal, or 
similar leave) from employment,
pursuant to federal, State, or 
local law, a collective bargaining agreement, or
an
employment 
benefits program or plan, may elect to substitute any period 
of such
leave for an equivalent period of leave provided under 
Section 20. The employer may not require the employee to 
substitute available paid or unpaid leave for leave provided 
under Section 20.

(Source: P.A. 101-221, eff. 1-1-20.)

 


    (820 ILCS 180/30)




    Sec. 30. Victims' employment sustainability; prohibited

discriminatory acts.
    (a) An employer shall not fail to hire, refuse to hire,

discharge, constructively discharge, or harass any individual, 
otherwise discriminate against any
individual with respect to 
the compensation, terms, conditions, or
privileges of 
employment of the individual, or retaliate against an

individual in any form or manner, and a public agency shall not 
deny,
reduce, or terminate the benefits of, otherwise 
sanction, or harass any
individual, otherwise discriminate 
against any individual with respect
to the amount, terms, or 
conditions of public assistance of the
individual, or 
retaliate against an individual in any form or manner,

because:

        (1) the individual involved:

            (A) is or is perceived to be a victim of domestic 
        violence, sexual violence, or gender violence, or any 
        criminal violence;

            (B) attended, participated in, prepared for, or 
        requested
leave to attend, participate in, or prepare 
        for a criminal
or civil court proceeding relating to 
        an incident of
domestic violence, sexual violence, or 
        gender violence, or any criminal violence of which the 
        individual or a
family or household member of the 
        individual was a victim, or requested or took leave 
        for any other reason provided under Section 20;


            (C) requested an adjustment to a job structure, 
        workplace
facility, or work requirement, including a 
        transfer,
reassignment, or modified schedule, leave, a 
        changed
telephone number or seating assignment, 
        installation of a
lock, or implementation of a safety 
        procedure in response
to actual or threatened domestic 
        violence, sexual violence, or gender violence, or any 
        other crime of
violence,
regardless of whether the 
        request was granted; or
            (D) is an employee whose employer is subject to 
        Section 21 of the Workplace Violence Prevention Act; 
        or 

        (2) the workplace is disrupted or threatened by the 
    action of a
person whom the individual states has 
    committed or threatened to
commit domestic violence, 
    sexual violence, or gender violence, or any other crime of

    violence against the individual or the
individual's family 
    or household member.

    (b) In this Section:

        (1) "Discriminate", used with respect to the terms, 
    conditions,
or privileges of employment or with respect to 
    the terms or
conditions of public assistance, includes not 
    making a reasonable
accommodation to the known limitations 
    resulting from
circumstances relating to being a victim of 
    domestic violence, sexual violence, or gender violence, or 
    any criminal violence or a family or household member 
    being a victim of
domestic violence, sexual violence, or 
    gender violence, or any other crime of
violence of an 
    otherwise qualified individual:

            (A) who is:

                (i) an applicant or employee of the employer 
            (including a
public agency); or

                (ii) an applicant for or recipient of public 
            assistance
from a public agency; and

            (B) who is:

                (i) or is perceived to be a victim of domestic 
            violence, sexual violence, or gender violence, or 
            any other crime of
violence; or

                (ii) with a family or household member who is 
            or is perceived to be a victim of
domestic 
            violence, sexual violence, or gender violence, or 
            any other crime of
violence whose interests are 
            not adverse to
the individual in subparagraph (A) 
            as it relates to the domestic violence, sexual 
            violence, or gender violence, or any other crime 
            of
violence;

    unless the employer or public agency can demonstrate that 
    the
accommodation would impose an undue hardship on the 
    operation of
the employer or public agency.

        A reasonable accommodation must be made in a timely 
    fashion.  Any exigent circumstances or danger facing the 
    employee or his or her family or household member shall be 
    considered in determining whether the accommodation is 
    reasonable. 
        (2) "Qualified individual" means:

            (A) in the case of an applicant or employee 
        described in
paragraph (1)(A)(i), an individual who, 
        but for being a
victim of domestic violence, sexual 
        violence, or gender violence, or any other crime of

        violence or with a family or
household member who is a 
        victim of domestic violence, sexual violence, or 
        gender violence, or any other crime of
violence, can 
        perform the essential functions of the
employment 
        position that such individual holds or desires;
or

            (B) in the case of an applicant or recipient 
        described in
paragraph (1)(A)(ii), an individual who, 
        but for being a
victim of domestic violence, sexual 
        violence, or gender violence, or any other crime of

        violence or with a family or
household member who is a 
        victim of domestic violence, sexual violence, or 
        gender violence, or any other crime of
violence, can 
        satisfy the essential requirements of the
program 
        providing the public assistance that the individual

        receives or desires.

        (3) "Reasonable accommodation" may include an 
    adjustment to a job
structure, workplace facility, or work 
    requirement, including a
transfer, reassignment, or 
    modified schedule, leave, a changed
telephone number or 
    seating assignment, installation of a lock,
or 
    implementation of a safety procedure, or assistance in 
    documenting domestic violence, sexual violence, or gender 
    violence, or any other crime of
violence that occurs at 
    the workplace or in work-related settings,  or any other 
    reasonable accommodation in response to actual or

    threatened domestic violence, sexual violence, or gender 
    violence, or any other crime of
violence.

        (4) Undue hardship.

            (A) In general. "Undue hardship" means an action 
        requiring
significant difficulty or expense, when 
        considered in light
of the factors set forth in 
        subparagraph (B).

            (B) Factors to be considered. In determining 
        whether a
reasonable accommodation would impose an 
        undue hardship on
the operation of an employer or 
        public agency, factors to
be considered include:

                (i) the nature and cost of the reasonable

            accommodation needed under this Section;

                (ii) the overall financial resources of the 
            facility
involved in the provision of the 
            reasonable
accommodation, the number of persons 
            employed at such
facility, the effect on expenses 
            and resources, or
the impact otherwise of such 
            accommodation on the
operation of the facility;

                (iii) the overall financial resources of the 
            employer
or public agency, the overall size of the 
            business of
an employer or public agency with 
            respect to the
number of employees of the employer 
            or public agency,
and the number, type, and 
            location of the facilities
of an employer or 
            public agency; and

                (iv) the type of operation of the employer or 
            public
agency, including the composition, 
            structure, and
functions of the workforce of the 
            employer or public
agency, the geographic 
            separateness of the facility
from the employer or 
            public agency, and the
administrative or fiscal 
            relationship of the facility
to the employer or 
            public agency.

    (c) An employer subject to Section 21 of the Workplace 
Violence Prevention Act shall not violate any provisions of 
the Workplace Violence Prevention Act. 
    (d) Confidentiality. All information provided to the


employer pursuant to this Section including a
statement of the 
employee or any other documentation, record, or corroborating 
evidence, and the fact that the employee has requested or 
obtained an accommodation 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. 
(Source: P.A. 101-221, eff. 1-1-20.)

 


    (820 ILCS 180/45)




    Sec. 45. Effect on other laws and employment benefits. 

    (a) More protective laws, agreements, programs, and
plans. 
Nothing in this Act shall be construed to supersede
any 
provision of any federal, State, or local law, collective

bargaining agreement, or employment benefits program or plan

that provides:

        (1) greater leave benefits for victims of domestic 
    violence, sexual violence, or gender violence, or any

    other crime of violence
 than the rights established under 
    this
Act; or

        (2) leave benefits for a larger population of
victims 
    of domestic violence, sexual violence, or gender violence, 
    or any
other crime of violence (as defined in
such law, 
    agreement, program, or plan) than the victims
of domestic 
    violence, sexual violence, or gender violence, or any

    other crime of violence covered under this Act.

    (b) Less protective laws, agreements, programs, and
plans. 
The rights established for employees who are victims
of 
domestic violence, sexual violence, or gender violence, or any

other 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
other crime of violence 
under this Act shall not be diminished by any
federal, State or 
local law, collective bargaining agreement, or
employment 
benefits program or plan.

(Source: P.A. 101-221, eff. 1-1-20.)