093_HB3486eng HB3486 Engrossed LRB093 06684 WGH 12062 b 1 AN ACT concerning domestic violence. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Victims of Domestic Violence Employment Leave Act. 6 Section 5. Findings. The General Assembly finds and 7 declares as follows: 8 (1) Domestic violence affects many persons without 9 regard to age, race, educational level, socioeconomic status, 10 religion, or occupation. 11 (2) Domestic violence is a crime that has a devastating 12 effect on families, communities, and the workplace. 13 (3) Domestic violence impacts on productivity, 14 effectiveness, absenteeism, and employee turnover in the 15 workplace. 16 (4) The National Crime Survey estimates that 175,000 17 days per year are missed from paid work due to domestic 18 violence. 19 (5) The study also found that 56% of the victims were 20 late for work at least 5 times a month, 28% of the victims 21 had to leave work early at least 5 times a month, and 54% 22 missed at least 3 days a month, all due to domestic violence. 23 (6) Victims of domestic violence may be vulnerable at 24 work when trying to end an abusive relationship because the 25 workplace may be the only place where the perpetrator knows 26 to contact the victim. 27 (7) Employers must be sensitive to the needs of 28 employees who are experiencing domestic violence and be 29 responsive to those needs through personnel leave and 30 benefits policies. 31 (8) Employees who commit acts of domestic violence at or HB3486 Engrossed -2- LRB093 06684 WGH 12062 b 1 away from the workplace should be disciplined in the same 2 manner as employees who commit other acts of violence or 3 harassment at or away from the workplace. 4 Section 10. Definitions. As used in this Act: 5 "Domestic violence" means the physical injury, sexual 6 abuse, or forced imprisonment, or threat thereof, of a person 7 by another who is related by blood or marriage or has a 8 significant relationship with the other person at the 9 present, or who has been related or has had a significant 10 relationship at some time in the past, to the extent that the 11 person's health, safety, or welfare is harmed or threatened 12 thereby. 13 "Employer" means any of the following: (1) the State or 14 any agency of the State; (2) any unit of local government or 15 school district; or (3) any person that employs at least 50 16 employees for each working day during each of 20 or more 17 calendar work weeks in the current or preceding calendar 18 year. 19 Section 15. Time off from work. 20 (a) No employer may discharge or in any manner 21 discriminate or retaliate against an employee who is a victim 22 of domestic violence for taking time off from work to obtain 23 or attempt to obtain any judicial relief, including, but not 24 limited to, a temporary restraining order, restraining order, 25 or other injunctive relief, to help ensure the health, 26 safety, or welfare of a domestic violence victim or his or 27 her child. 28 (b) (1) As a condition of taking time off for a purpose 29 set forth in subsection (a), the employee must give the 30 employer at least 48 hours' advance notice of the employee's 31 intention to take time off, unless the advance notice is not 32 feasible. The employer may require certification within a HB3486 Engrossed -3- LRB093 06684 WGH 12062 b 1 reasonable time of the need for leave under this Act from the 2 employee. Certification is sufficient in the form of any of 3 the following: 4 (A) A police report indicating that the employee 5 was a victim of domestic violence. 6 (B) A court order protecting or separating the 7 employee from the perpetrator of an act of domestic 8 violence, or other evidence from the court or prosecuting 9 attorney that the employee has appeared in court. 10 (C) Documentation from a medical professional, 11 domestic violence advocate, health care provider, or 12 counselor that the employee was undergoing treatment for 13 physical or mental injuries or abuse resulting in 14 victimization from an act of domestic violence. 15 (2) If advance notice is not feasible, the employer may 16 not take any action against the employee if the employee, 17 within a reasonable time after the absence, provides a 18 certification to the employer. Certification is sufficient 19 in the form of any of the following: 20 (A) A police report indicating that the employee 21 was a victim of domestic violence. 22 (B) A court order protecting or separating the 23 employee from the perpetrator of an act of domestic 24 violence, or other evidence from the court or prosecuting 25 attorney that the employee has appeared in court. 26 (C) Documentation from a medical professional, 27 domestic violence advocate, health care provider, or 28 counselor that the employee was undergoing treatment for 29 physical or mental injuries or abuse resulting in 30 victimization from an act of domestic violence. 31 (3) To the extent allowed by law, employers must 32 maintain the confidentiality of any employee requesting 33 leave under subsection (a). 34 (c) Any employee who is discharged, threatened with HB3486 Engrossed -4- LRB093 06684 WGH 12062 b 1 discharge, demoted, suspended, or in any other manner 2 discriminated or retaliated against in the terms and 3 conditions of employment by his or her employer solely 4 because the employee has taken time off for a purpose set 5 forth in subsection (a) is entitled to reinstatement and 6 reimbursement for lost wages and work benefits caused by the 7 acts of the employer. Any employer who willfully refuses to 8 rehire, promote, or otherwise restore an employee or former 9 employee who has been determined to be eligible for rehiring 10 or promotion by a grievance procedure or hearing authorized 11 by law is guilty of a Class A misdemeanor. 12 (d) (1) Any employee who is discharged, threatened with 13 discharge, demoted, suspended, or in any other manner 14 discriminated or retaliated against in the terms and 15 conditions of employment by his or her employer solely 16 because the employee has exercised his or her rights as set 17 forth in subsection (a) may file a complaint with the 18 Department of Labor. 19 (2) An employee filing a complaint with the Department 20 based upon a violation of subsection (a) has one year from 21 the date of occurrence of the violation to file his or her 22 complaint. 23 (e) An employee may use vacation, personal leave, or 24 compensatory time off that is otherwise available to the 25 employee under the applicable terms of employment, unless 26 otherwise provided by a collective bargaining agreement, for 27 time taken off for a purpose specified in subsection (a). 28 The entitlement of any employee under this Section is not 29 diminished by any collective bargaining agreement term or 30 condition. 31 Section 20. Retaliation by employer prohibited. 32 (a) In addition to the requirements and prohibitions 33 imposed on employees under Section 15, an employer may not HB3486 Engrossed -5- LRB093 06684 WGH 12062 b 1 discharge or in any manner discriminate or retaliate against 2 an employee who is a victim of domestic violence for taking 3 time off from work to attend to any of the following: 4 (1) To seek medical attention for injuries caused 5 by domestic violence. 6 (2) To obtain services from a domestic violence 7 shelter, program, or rape crisis center as a result of 8 domestic violence. 9 (3) To obtain psychological counseling related to 10 an experience of domestic violence. 11 (4) To participate in safety planning and take 12 other actions to increase safety from future domestic 13 violence, including temporary or permanent relocation. 14 (b) (1) As a condition of taking time off for a purpose 15 set forth in subsection (a), the employee must give the 16 employer at least 48 hours' advance notice of the employee's 17 intention to take time off, unless the advance notice is not 18 feasible. 19 (2) When an unscheduled absence occurs, the employer may 20 not take any action against the employee if the employee, 21 within a reasonable time after the absence, provides a 22 certification to the employer. Certification is sufficient 23 in the form of any of the following: 24 (A) A police report indicating that the employee 25 was a victim of domestic violence. 26 (B) A court order protecting or separating the 27 employee from the perpetrator of an act of domestic 28 violence, or other evidence from the court or prosecuting 29 attorney that the employee appeared in court. 30 (C) Documentation from a medical professional, 31 domestic violence advocate, health care provider, or 32 counselor that the employee was undergoing treatment for 33 physical or mental injuries or abuse resulting in 34 victimization from an act of domestic violence. HB3486 Engrossed -6- LRB093 06684 WGH 12062 b 1 (3) To the extent allowed by law, employers must 2 maintain the confidentiality of any employee requesting leave 3 under subsection (a). 4 (c) Any employee who is discharged, threatened with 5 discharge, demoted, suspended, or in any other manner 6 discriminated or retaliated against in the terms and 7 conditions of employment by his or her employer solely 8 because the employee has taken time off for a purpose set 9 forth in subsection (a) is entitled to reinstatement and 10 reimbursement for lost wages and work benefits caused by the 11 acts of the employer. Any employer who willfully refuses to 12 rehire, promote, or otherwise restore an employee or former 13 employee who has been determined to be eligible for rehiring 14 or promotion by a grievance procedure or hearing authorized 15 by law is guilty of a Class A misdemeanor. 16 (d) (1) Any employee who is discharged, threatened with 17 discharge, demoted, suspended, or in any other manner 18 discriminated or retaliated against in the terms and 19 conditions of employment by his or her employer solely 20 because the employee has exercised his or her rights as set 21 forth in subsection (a) may file a complaint with the 22 Department of Labor. 23 (2) An employee filing a complaint with the Department 24 of Labor based upon a violation of subsection (a) has one 25 year from the date of occurrence of the violation to file his 26 or her complaint. 27 (e) An employee may use vacation, personal leave, or 28 compensatory time off that is otherwise available to the 29 employee under the applicable terms of employment, unless 30 otherwise provided by a collective bargaining agreement, for 31 time taken off for a purpose specified in subsection (a). 32 The entitlement of any employee under this Section is not 33 diminished by any collective bargaining agreement term or 34 condition. HB3486 Engrossed -7- LRB093 06684 WGH 12062 b 1 (f) This Section does not create a right for an employee 2 to take unpaid leave that exceeds the unpaid leave time 3 allowed under, or is in addition to the unpaid leave time 4 permitted by, the federal Family and Medical Leave Act of 5 1993. 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.