Full Text of HB4036 99th General Assembly
HB4036sam001 99TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 5/26/2016
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| 1 | | AMENDMENT TO HOUSE BILL 4036
| 2 | | AMENDMENT NO. ______. Amend House Bill 4036 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Victims' Economic Security and Safety Act | 5 | | is amended by changing Sections 10 and 20 as follows:
| 6 | | (820 ILCS 180/10)
| 7 | | Sec. 10. Definitions. In this Act, except as otherwise | 8 | | expressly provided:
| 9 | | (1) "Commerce" includes trade, traffic, commerce,
| 10 | | transportation, or communication; and "industry or | 11 | | activity
affecting commerce" means any activity, business, | 12 | | or industry in
commerce or in which a labor dispute would | 13 | | hinder or obstruct
commerce or the free flow of commerce, | 14 | | and includes "commerce" and
any "industry affecting | 15 | | commerce".
| 16 | | (2) "Course of conduct" means a course of repeatedly |
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| 1 | | maintaining
a visual or physical proximity to a person or | 2 | | conveying oral or
written threats, including threats | 3 | | conveyed through electronic
communications, or threats | 4 | | implied by conduct.
| 5 | | (3) "Department" means the Department of Labor.
| 6 | | (4) "Director" means the Director of Labor.
| 7 | | (5) "Domestic or sexual violence" means domestic | 8 | | violence, sexual
assault, or stalking.
| 9 | | (6) "Domestic violence" means abuse, as defined in | 10 | | Section 103 of the Illinois Domestic Violence Act of 1986, | 11 | | by a family or household member, as defined in Section 103 | 12 | | of the Illinois Domestic Violence Act of 1986.
| 13 | | (7) "Electronic communications" includes | 14 | | communications via
telephone, mobile phone, computer, | 15 | | e-mail, video recorder, fax
machine, telex, or pager, or | 16 | | any other electronic communication, as defined in Section | 17 | | 12-7.5 of the Criminal Code of 2012.
| 18 | | (8) "Employ" includes to suffer or permit to work.
| 19 | | (9) Employee.
| 20 | | (A) In general. "Employee" means any person | 21 | | employed by an employer.
| 22 | | (B) Basis. "Employee" includes a person employed | 23 | | as described in
subparagraph (A) on a full or part-time | 24 | | basis,
or as a participant in a work
assignment as a | 25 | | condition of receipt of federal or State
income-based | 26 | | public assistance.
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| 1 | | (10) "Employer" means any of the following: (A) the | 2 | | State or any agency
of the
State; (B) any unit of local | 3 | | government or school district; or (C) any person
that | 4 | | employs
at least one employee 15 employees .
| 5 | | (11) "Employment benefits" means all benefits provided | 6 | | or made
available to employees by an employer, including | 7 | | group life
insurance, health insurance, disability | 8 | | insurance, sick leave,
annual leave, educational benefits, | 9 | | pensions, and profit-sharing, regardless of
whether such | 10 | | benefits are provided by a practice or written
policy of an | 11 | | employer or through an "employee benefit plan".
"Employee | 12 | | benefit plan" or "plan" means an employee welfare
benefit | 13 | | plan or an employee pension benefit plan or a plan which
is | 14 | | both an employee welfare benefit plan and an employee | 15 | | pension
benefit plan.
| 16 | | (12) "Family or household member", for employees with a | 17 | | family or household member who is a victim of domestic or | 18 | | sexual violence, means a spouse,
parent, son, daughter, | 19 | | other person related by blood or by present or prior | 20 | | marriage, other person who shares a relationship through a | 21 | | son or daughter, and persons jointly residing
in the same | 22 | | household.
| 23 | | (13) "Parent" means the biological parent of an | 24 | | employee or an
individual who stood in loco parentis to an | 25 | | employee when the
employee was a son or daughter. "Son or | 26 | | daughter" means
a biological, adopted, or foster child, a |
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| 1 | | stepchild, a legal
ward, or a child of a person standing in | 2 | | loco parentis, who is
under 18 years of age, or is 18 years | 3 | | of age or older and incapable
of self-care because of a | 4 | | mental or physical disability.
| 5 | | (14) "Perpetrator" means an individual who commits or | 6 | | is alleged
to have committed any act or threat of domestic | 7 | | or sexual
violence.
| 8 | | (15) "Person" means an individual, partnership, | 9 | | association,
corporation, business trust, legal | 10 | | representative, or any
organized group of persons.
| 11 | | (16) "Public agency" means the Government of the State | 12 | | or
political subdivision thereof; any agency of the State, | 13 | | or of a
political subdivision of the State; or any | 14 | | governmental agency.
| 15 | | (17) "Public assistance" includes cash, food stamps, | 16 | | medical
assistance, housing assistance, and other benefits | 17 | | provided on
the basis of income by a public agency or | 18 | | public employer.
| 19 | | (18) "Reduced work schedule" means a work schedule that | 20 | | reduces
the usual number of hours per workweek, or hours | 21 | | per workday, of
an employee.
| 22 | | (19) "Repeatedly" means on 2 or more occasions.
| 23 | | (20) "Sexual assault" means any conduct proscribed by | 24 | | the
Criminal Code of 1961 or the Criminal Code of 2012 in | 25 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 26 | | 12-13, 12-14, 12-14.1,
12-15, and 12-16.
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| 1 | | (21) "Stalking" means any conduct proscribed by the | 2 | | Criminal
Code of 1961 or the Criminal Code of 2012 in | 3 | | Sections 12-7.3, 12-7.4, and 12-7.5.
| 4 | | (22) "Victim" or "survivor" means an individual who has
| 5 | | been subjected to domestic or sexual violence.
| 6 | | (23) "Victim services organization" means a nonprofit,
| 7 | | nongovernmental organization that provides assistance to | 8 | | victims
of domestic or sexual violence or to advocates for | 9 | | such victims,
including a rape crisis center, an | 10 | | organization carrying out a
domestic violence program, an | 11 | | organization operating a shelter or
providing counseling | 12 | | services, or a legal services organization
or other | 13 | | organization providing assistance through the legal
| 14 | | process.
| 15 | | (Source: P.A. 96-635, eff. 8-24-09; 96-1551, eff. 7-1-11; | 16 | | 97-1150, eff. 1-25-13.)
| 17 | | (820 ILCS 180/20)
| 18 | | Sec. 20. Entitlement to leave due to domestic or sexual | 19 | | violence.
| 20 | | (a) Leave requirement.
| 21 | | (1) Basis. An employee who is a victim of domestic or | 22 | | sexual
violence or an employee who has a family or | 23 | | household member who is a victim of
domestic or sexual | 24 | | violence whose interests are not adverse to
the employee as | 25 | | it relates to the domestic or sexual violence may take |
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| 1 | | unpaid
leave
from work if the employee or employee's family | 2 | | or household member is experiencing an incident of domestic | 3 | | or sexual violence or to address domestic or
sexual | 4 | | violence by:
| 5 | | (A) seeking medical attention for, or recovering | 6 | | from,
physical or psychological injuries caused by | 7 | | domestic or
sexual violence to the employee or the | 8 | | employee's family or
household member;
| 9 | | (B) obtaining services from a victim services | 10 | | organization
for the employee or the employee's family | 11 | | or household
member;
| 12 | | (C) obtaining psychological or other counseling | 13 | | for the
employee or the employee's family or household | 14 | | member;
| 15 | | (D) participating in safety planning, temporarily | 16 | | or
permanently relocating, or taking other actions to | 17 | | increase
the safety of the employee or the employee's | 18 | | family or
household member from future domestic or | 19 | | sexual violence or
ensure economic security; or
| 20 | | (E) seeking legal assistance or remedies to ensure | 21 | | the
health and safety of the employee or the employee's | 22 | | family
or household member, including preparing for or
| 23 | | participating in any civil or criminal legal | 24 | | proceeding
related to or derived from domestic or | 25 | | sexual violence.
| 26 | | (2) Period. Subject to subsection (c), an employee |
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| 1 | | working for an employer that employs
at least 50 employees | 2 | | shall be
entitled to a total of 12 workweeks of leave | 3 | | during any 12-month
period. Subject to subsection (c), an | 4 | | employee working for an employer that employs
at least 15 | 5 | | but not more than 49 employees shall be entitled to a total | 6 | | of 8 workweeks of leave during any 12-month period. Subject | 7 | | to subsection (c), an employee working for an employer that | 8 | | employs at least one but not more than 14 employees shall | 9 | | be entitled to a total of 4 workweeks of leave during any | 10 | | 12-month period. The total number of workweeks to which an | 11 | | employee is entitled shall not decrease during the relevant | 12 | | 12-month period. This Act does not create a right for an | 13 | | employee to take
unpaid leave that exceeds the unpaid leave | 14 | | time allowed under, or
is in addition to the unpaid leave | 15 | | time permitted by, the federal
Family and Medical Leave Act | 16 | | of 1993 (29 U.S.C. 2601 et seq.).
| 17 | | (3) Schedule. Leave described in paragraph (1) may be | 18 | | taken
intermittently or on a reduced work schedule.
| 19 | | (b) Notice. The employee shall provide the employer with at | 20 | | least 48 hours'
advance
notice of the employee's intention to | 21 | | take the leave, unless providing
such notice is not | 22 | | practicable. When an unscheduled absence occurs,
the employer | 23 | | may not take any action against the employee if the
employee, | 24 | | upon request of the employer and within a reasonable period | 25 | | after the absence, provides
certification under subsection | 26 | | (c).
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| 1 | | (c) Certification.
| 2 | | (1) In general. The employer may require the employee | 3 | | to provide
certification to the employer
that:
| 4 | | (A) the employee or the employee's family or | 5 | | household
member is a victim of domestic or sexual | 6 | | violence; and
| 7 | | (B) the leave is for one of the purposes enumerated | 8 | | in
paragraph (a)(1).
| 9 | | The employee shall provide such certification to the | 10 | | employer within a
reasonable period after the employer | 11 | | requests certification.
| 12 | | (2) Contents. An employee may satisfy the | 13 | | certification
requirement of paragraph (1) by providing to | 14 | | the employer
a sworn statement of the employee, and upon | 15 | | obtaining such documents the
employee shall provide:
| 16 | | (A) documentation from an employee, agent, or | 17 | | volunteer of
a victim services organization, an | 18 | | attorney, a member of
the clergy, or a medical or other | 19 | | professional from whom
the employee or the employee's | 20 | | family or household member
has sought assistance in | 21 | | addressing domestic or sexual
violence and the effects | 22 | | of the violence;
| 23 | | (B) a police or court record; or
| 24 | | (C) other corroborating evidence.
| 25 | | (d) Confidentiality. All information provided to the | 26 | | employer pursuant
to subsection (b) or (c), including a |
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| 1 | | statement of the employee or any
other documentation, record, | 2 | | or corroborating evidence, and the fact
that the employee has | 3 | | requested or obtained leave pursuant to this
Section, shall be | 4 | | retained in the strictest confidence by the employer,
except to | 5 | | the extent that disclosure is:
| 6 | | (1) requested or consented to in writing by the | 7 | | employee; or
| 8 | | (2) otherwise required by applicable federal or State | 9 | | law.
| 10 | | (e) Employment and benefits.
| 11 | | (1) Restoration to position.
| 12 | | (A) In general. Any
employee who takes leave under | 13 | | this Section for the
intended purpose of the leave | 14 | | shall be entitled, on return
from such leave:
| 15 | | (i) to be restored by the employer to the | 16 | | position of
employment held by the employee when | 17 | | the leave
commenced; or
| 18 | | (ii) to be restored to an equivalent position | 19 | | with
equivalent employment benefits, pay, and | 20 | | other terms
and conditions of employment.
| 21 | | (B) Loss of benefits. The taking of leave under | 22 | | this
Section shall not result in the loss of any | 23 | | employment
benefit accrued prior to the date on which | 24 | | the leave
commenced.
| 25 | | (C) Limitations. Nothing in this subsection shall | 26 | | be
construed to entitle any restored employee to:
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| 1 | | (i) the accrual of any seniority or employment
| 2 | | benefits during any period of leave; or
| 3 | | (ii) any right, benefit, or position of | 4 | | employment
other than any right, benefit, or | 5 | | position to which
the employee would have been | 6 | | entitled had the
employee not taken the leave.
| 7 | | (D) Construction. Nothing in this paragraph shall | 8 | | be
construed to prohibit an employer from requiring an
| 9 | | employee on leave under this Section to report | 10 | | periodically
to the employer on the status and | 11 | | intention of the employee
to return to work.
| 12 | | (2) Maintenance of health benefits.
| 13 | | (A) Coverage. Except as provided in subparagraph | 14 | | (B),
during any period that an employee takes leave | 15 | | under this
Section, the employer shall maintain | 16 | | coverage for the
employee and any family or household | 17 | | member under any group
health plan for the duration of | 18 | | such leave at the level and
under the conditions | 19 | | coverage would have been provided if
the employee had | 20 | | continued in employment continuously for
the duration | 21 | | of such leave.
| 22 | | (B) Failure to return from leave. The employer may | 23 | | recover
the premium that the employer paid for | 24 | | maintaining coverage
for the employee and the | 25 | | employee's family or household
member under such group | 26 | | health plan during any period of
leave under this |
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| 1 | | Section if:
| 2 | | (i) the employee fails to return from leave | 3 | | under
this Section after the period of leave to | 4 | | which the
employee is entitled has expired; and
| 5 | | (ii) the employee fails to return to work for a
| 6 | | reason other than:
| 7 | | (I) the continuation, recurrence, or onset | 8 | | of
domestic or sexual violence that entitles | 9 | | the
employee to leave pursuant to this Section; | 10 | | or
| 11 | | (II) other circumstances beyond the | 12 | | control of the employee.
| 13 | | (C) Certification.
| 14 | | (i) Issuance. An employer may require an | 15 | | employee who
claims that the employee is unable to | 16 | | return to work
because of a reason described in | 17 | | subclause (I) or
(II) of subparagraph (B)(ii) to | 18 | | provide, within a
reasonable period after making | 19 | | the claim,
certification to the employer that the | 20 | | employee is
unable to return to work because of | 21 | | that reason.
| 22 | | (ii) Contents. An employee may satisfy the
| 23 | | certification requirement of clause (i) by | 24 | | providing
to the employer:
| 25 | | (I) a sworn statement of the employee;
| 26 | | (II) documentation from an employee, |
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| 1 | | agent, or
volunteer of a victim services | 2 | | organization, an
attorney, a member of the | 3 | | clergy, or a medical
or other professional from | 4 | | whom the employee
has sought assistance in | 5 | | addressing domestic or
sexual violence and the | 6 | | effects of that
violence;
| 7 | | (III) a police or court record; or
| 8 | | (IV) other corroborating evidence.
| 9 | | (D) Confidentiality. All information provided to | 10 | | the
employer pursuant to subparagraph (C), including a
| 11 | | statement of the employee or any other documentation,
| 12 | | record, or corroborating evidence, and the fact that | 13 | | the
employee is not returning to work because of a | 14 | | reason
described in subclause (I) or (II) of | 15 | | subparagraph (B)(ii)
shall be retained in the | 16 | | strictest confidence by the
employer, except to the | 17 | | extent that disclosure is:
| 18 | | (i) requested or consented to in writing by the
| 19 | | employee; or
| 20 | | (ii) otherwise required by applicable federal | 21 | | or
State law.
| 22 | | (f) Prohibited acts.
| 23 | | (1) Interference with rights.
| 24 | | (A) Exercise of rights. It shall be unlawful for | 25 | | any
employer to interfere with, restrain, or deny the | 26 | | exercise
of or the attempt to exercise any right |
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| 1 | | provided under
this Section.
| 2 | | (B) Employer discrimination. It shall be unlawful | 3 | | for any
employer to discharge or harass any individual, | 4 | | or
otherwise discriminate against any individual with | 5 | | respect
to compensation, terms, conditions, or | 6 | | privileges of
employment of the individual (including | 7 | | retaliation in any
form or manner) because the | 8 | | individual:
| 9 | | (i) exercised any right provided under this | 10 | | Section;
or
| 11 | | (ii) opposed any practice made unlawful by | 12 | | this
Section.
| 13 | | (C) Public agency sanctions. It shall be unlawful | 14 | | for any
public agency to deny, reduce, or terminate the | 15 | | benefits
of, otherwise sanction, or harass any | 16 | | individual, or
otherwise discriminate against any | 17 | | individual with respect
to the amount, terms, or | 18 | | conditions of public assistance of
the individual | 19 | | (including retaliation in any form or
manner) because | 20 | | the individual:
| 21 | | (i) exercised any right provided under this | 22 | | Section;
or
| 23 | | (ii) opposed any practice made unlawful by | 24 | | this
Section.
| 25 | | (2) Interference with proceedings or inquiries. It | 26 | | shall be
unlawful for any person to discharge or in any |
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| 1 | | other manner
discriminate (as described in subparagraph | 2 | | (B) or (C) of
paragraph (1)) against any individual because | 3 | | such individual:
| 4 | | (A) has filed any charge, or has instituted or | 5 | | caused to be
instituted any proceeding, under or | 6 | | related to this
Section;
| 7 | | (B) has given, or is about to give, any information | 8 | | in
connection with any inquiry or proceeding relating | 9 | | to any
right provided under this Section; or
| 10 | | (C) has testified, or is about to testify, in any | 11 | | inquiry
or proceeding relating to any right provided | 12 | | under this Section.
| 13 | | (Source: P.A. 96-635, eff. 8-24-09.)
| 14 | | Section 99. Effective date. This Act takes effect January | 15 | | 1, 2017.".
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