093_HB3486

 
                                     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
 
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 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 25
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 relief, including, but  not  limited
24    to,  a  temporary  restraining  order,  restraining order, or
25    other injunctive relief, to help ensure the  health,  safety,
26    or welfare of a domestic violence victim or his or her child.
27        (b)  (1)  As a condition of taking time off for a purpose
28    set  forth  in  subsection  (a),  the  employee must give the
29    employer  reasonable  advance  notice   of   the   employee's
30    intention  to take time off, unless the advance notice is not
31    feasible.
32        (2)  When an unscheduled absence occurs, the employer may
 
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 1    not take any action against the  employee  if  the  employee,
 2    within  a  reasonable  time  after  the  absence,  provides a
 3    certification to the employer.  Certification  is  sufficient
 4    in the form of any of the following:
 5             (A)  A  police  report  indicating that the employee
 6        was a victim of domestic violence.
 7             (B)  A court  order  protecting  or  separating  the
 8        employee  from  the  perpetrator  of  an  act of domestic
 9        violence, or other evidence from the court or prosecuting
10        attorney that the employee has appeared in court.
11             (C)  Documentation  from  a  medical   professional,
12        domestic  violence  advocate,  health  care  provider, or
13        counselor that the employee was undergoing treatment  for
14        physical   or  mental  injuries  or  abuse  resulting  in
15        victimization from an act of domestic violence.
16        (3)  To  the  extent  allowed  by  law,  employers   must
17    maintain  the   confidentiality  of  any  employee requesting
18    leave under subsection (a).
19        (c)  Any employee  who  is  discharged,  threatened  with
20    discharge,   demoted,  suspended,  or  in  any  other  manner
21    discriminated  or  retaliated  against  in  the   terms   and
22    conditions  of  employment by his or her employer because the
23    employee has taken time  off  for  a  purpose  set  forth  in
24    subsection (a) is entitled to reinstatement and reimbursement
25    for  lost  wages  and work benefits caused by the acts of the
26    employer.  Any employer  who  willfully  refuses  to  rehire,
27    promote,  or otherwise restore an employee or former employee
28    who has been  determined  to  be  eligible  for  rehiring  or
29    promotion  by  a grievance procedure or hearing authorized by
30    law is guilty of a Class A misdemeanor.
31        (d)  (1)  Any employee who is discharged, threatened with
32    discharge,  demoted,  suspended,  or  in  any  other   manner
33    discriminated   or   retaliated  against  in  the  terms  and
34    conditions of employment by his or her employer  because  the
 
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 1    employee  has  exercised  his  or  her rights as set forth in
 2    subsection (a) may file a complaint with  the  Department  of
 3    Labor.
 4        (2)  An  employee  filing a complaint with the Department
 5    based upon a violation of subsection (a) has  one  year  from
 6    the  date  of  occurrence of the violation to file his or her
 7    complaint.
 8        (e)  An employee may use  vacation,  personal  leave,  or
 9    compensatory  time  off  that  is  otherwise available to the
10    employee under the applicable  terms  of  employment,  unless
11    otherwise  provided by a collective bargaining agreement, for
12    time taken off for a purpose  specified  in  subsection  (a).
13    The  entitlement  of  any  employee under this Section is not
14    diminished by any collective  bargaining  agreement  term  or
15    condition.

16        Section 20.  Retaliation by employer prohibited.
17        (a)  In  addition  to  the  requirements and prohibitions
18    imposed on employees under Section 15, an  employer  may  not
19    discharge  or in any manner discriminate or retaliate against
20    an employee who is a victim of domestic violence  for  taking
21    time off from work to attend to any of the following:
22             (1)  To  seek  medical attention for injuries caused
23        by domestic violence.
24             (2)  To obtain services  from  a  domestic  violence
25        shelter,  program,  or  rape crisis center as a result of
26        domestic violence.
27             (3)  To obtain psychological counseling  related  to
28        an experience of domestic violence.
29             (4)  To  participate  in  safety  planning  and take
30        other actions to increase  safety  from  future  domestic
31        violence, including temporary or permanent relocation.
32        (b)  (1)  As a condition of taking time off for a purpose
33    set forth in subsection  (a),  the  employee  must  give  the
 
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 1    employer   reasonable   advance   notice  of  the  employee's
 2    intention to take time off, unless the advance notice is  not
 3    feasible.
 4        (2)  When an unscheduled absence occurs, the employer may
 5    not  take  any  action  against the employee if the employee,
 6    within a  reasonable  time  after  the  absence,  provides  a
 7    certification  to  the employer.  Certification is sufficient
 8    in the form of any of the following:
 9             (A)  A police report indicating  that  the  employee
10        was a victim of domestic violence.
11             (B)  A  court  order  protecting  or  separating the
12        employee from the  perpetrator  of  an  act  of  domestic
13        violence, or other evidence from the court or prosecuting
14        attorney that the employee appeared in court.
15             (C)  Documentation   from  a  medical  professional,
16        domestic violence  advocate,  health  care  provider,  or
17        counselor  that the employee was undergoing treatment for
18        physical  or  mental  injuries  or  abuse  resulting   in
19        victimization from an act of domestic violence.
20        (3)  To   the  extent  allowed  by  law,  employers  must
21    maintain the confidentiality of any employee requesting leave
22    under subsection (a).
23        (c)  Any employee  who  is  discharged,  threatened  with
24    discharge,   demoted,  suspended,  or  in  any  other  manner
25    discriminated  or  retaliated  against  in  the   terms   and
26    conditions  of  employment by his or her employer because the
27    employee has taken time  off  for  a  purpose  set  forth  in
28    subsection (a) is entitled to reinstatement and reimbursement
29    for  lost  wages  and work benefits caused by the acts of the
30    employer.  Any employer  who  willfully  refuses  to  rehire,
31    promote,  or otherwise restore an employee or former employee
32    who has been  determined  to  be  eligible  for  rehiring  or
33    promotion  by  a grievance procedure or hearing authorized by
34    law is guilty of a Class A misdemeanor.
 
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 1        (d) (1) Any employee who is discharged,  threatened  with
 2    discharge,   demoted,  suspended,  or  in  any  other  manner
 3    discriminated  or  retaliated  against  in  the   terms   and
 4    conditions  of  employment by his or her employer because the
 5    employee has exercised his or her  rights  as  set  forth  in
 6    subsection  (a)  may  file a complaint with the Department of
 7    Labor.
 8        (2)  An employee filing a complaint with  the  Department
 9    of  Labor  based  upon  a violation of subsection (a) has one
10    year from the date of occurrence of the violation to file his
11    or her complaint.
12        (e) An employee may  use  vacation,  personal  leave,  or
13    compensatory  time  off  that  is  otherwise available to the
14    employee under the applicable  terms  of  employment,  unless
15    otherwise  provided by a collective bargaining agreement, for
16    time taken off for a purpose  specified  in  subsection  (a).
17    The  entitlement  of  any  employee under this Section is not
18    diminished by any collective  bargaining  agreement  term  or
19    condition.
20        (f)  This Section does not create a right for an employee
21    to  take  unpaid  leave  that  exceeds  the unpaid leave time
22    allowed under, or is in addition to  the  unpaid  leave  time
23    permitted  by,  the  federal  Family and Medical Leave Act of
24    1993.

25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.