Full Text of HB4215 102nd General Assembly
HB4215sam001 102ND GENERAL ASSEMBLY | Sen. Karina Villa Filed: 4/6/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4215
| 2 | | AMENDMENT NO. ______. Amend House Bill 4215 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 | | (2.5) "Crime of violence" means any conduct proscribed | 6 | | by Articles 9, 11, 12, 26.5, 29D, and 33A of the Criminal | 7 | | Code of 2012 or a similar provision of the Criminal Code of | 8 | | 1961, in addition to conduct proscribed by Articles of the | 9 | | Criminal Code of 2012 referenced in other definitions in | 10 | | this Section.
| 11 | | (3) "Department" means the Department of Labor.
| 12 | | (4) "Director" means the Director of Labor.
| 13 | | (5) "Domestic violence, sexual violence, or gender | 14 | | violence" means domestic violence, sexual
assault, gender | 15 | | violence, or stalking.
| 16 | | (6) "Domestic violence" means abuse, as defined in | 17 | | Section 103 of the Illinois Domestic Violence Act of 1986, | 18 | | by a family or household member, as defined in Section 103 | 19 | | of the Illinois Domestic Violence Act of 1986.
| 20 | | (7) "Electronic communications" includes | 21 | | communications via
telephone, mobile phone, computer, | 22 | | e-mail, video recorder, fax
machine, telex, pager, online | 23 | | platform (including, but not limited to, any public-facing | 24 | | website, web application, digital application, or social | 25 | | network), or any other electronic communication, as | 26 | | defined in Section 12-7.5 of the Criminal Code of 2012.
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| 1 | | (8) "Employ" includes to suffer or permit to work.
| 2 | | (9) Employee.
| 3 | | (A) In general. "Employee" means any person | 4 | | employed by an employer.
| 5 | | (B) Basis. "Employee" includes a person employed | 6 | | as described in
subparagraph (A) on a full or | 7 | | part-time basis,
or as a participant in a work
| 8 | | assignment as a condition of receipt of federal or | 9 | | State
income-based public assistance.
| 10 | | (10) "Employer" means any of the following: (A) the | 11 | | State or any agency
of the
State; (B) any unit of local | 12 | | government or school district; or (C) any person
that | 13 | | employs
at least one employee.
| 14 | | (11) "Employment benefits" means all benefits provided | 15 | | or made
available to employees by an employer, including | 16 | | group life
insurance, health insurance, disability | 17 | | insurance, sick leave,
annual leave, educational benefits, | 18 | | pensions, and profit-sharing, regardless of
whether such | 19 | | benefits are provided by a practice or written
policy of | 20 | | an employer or through an "employee benefit plan".
| 21 | | "Employee benefit plan" or "plan" means an employee | 22 | | welfare
benefit plan or an employee pension benefit plan | 23 | | or a plan which
is both an employee welfare benefit plan | 24 | | and an employee pension
benefit plan.
| 25 | | (12) "Family or household member", for employees with | 26 | | a family or household member who is a victim of domestic |
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| 1 | | violence, sexual violence, gender violence, or any
other | 2 | | crime of violence, means a spouse or party to a civil | 3 | | union,
parent, grandparent, child, grandchild, sibling, or | 4 | | any other person related by blood or by present or prior | 5 | | marriage or civil union, other person who shares a | 6 | | relationship through a child, or any other individual
| 7 | | whose close association
with the employee is the | 8 | | equivalent of a family relationship as determined by the | 9 | | employee, and persons jointly residing
in the same | 10 | | household.
| 11 | | (12.3) "First responder" means a fire department, fire | 12 | | protection district, law enforcement agency, law enforcement | 13 | | official, or emergency medical technician. | 14 | | (12.5) "Gender violence" means: | 15 | | (A) one or more acts of violence or aggression | 16 | | satisfying the elements of any criminal offense under the | 17 | | laws of this State that are committed, at least in part, on | 18 | | the basis of a person's actual or perceived sex or gender, | 19 | | regardless of whether the acts resulted in criminal | 20 | | charges, prosecution, or conviction; | 21 | | (B) a physical intrusion or physical invasion of a | 22 | | sexual nature under coercive conditions satisfying the | 23 | | elements of any criminal offense under the laws of this | 24 | | State, regardless of whether the intrusion or invasion | 25 | | resulted in criminal charges, prosecution, or conviction; | 26 | | or |
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| 1 | | (C) a threat of an act described in item (A) or (B) | 2 | | causing a realistic apprehension that the originator of | 3 | | the threat will commit the act. | 4 | | (13) (Blank).
| 5 | | (14) "Perpetrator" means an individual who commits or | 6 | | is alleged
to have committed any act or threat of domestic | 7 | | violence, sexual violence, gender violence, or any other | 8 | | crime of violence.
| 9 | | (15) "Person" means an individual, partnership, | 10 | | association,
corporation, business trust, legal | 11 | | representative, or any
organized group of persons.
| 12 | | (16) "Public agency" means the Government of the State | 13 | | or
political subdivision thereof; any agency of the State, | 14 | | or of a
political subdivision of the State; or any | 15 | | governmental agency.
| 16 | | (17) "Public assistance" includes cash, food stamps, | 17 | | medical
assistance, housing assistance, and other benefits | 18 | | provided on
the basis of income by a public agency or | 19 | | public employer.
| 20 | | (18) "Reduced work schedule" means a work schedule | 21 | | that reduces
the usual number of hours per workweek, or | 22 | | hours per workday, of
an employee.
| 23 | | (19) "Repeatedly" means on 2 or more occasions.
| 24 | | (20) "Sexual assault" means any conduct proscribed by: | 25 | | (i) Article 11 of the Criminal Code of 2012 except | 26 | | Sections 11-35 and 11-45; (ii) Sections 12-13, 12-14, |
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| 1 | | 12-14.1, 12-15, and 12-16 of the Criminal Code of 2012; or | 2 | | (iii) a similar provision of the Criminal Code of 1961. | 3 | | (20.5) "Sexual violence" means sexual assault.
| 4 | | (21) "Stalking" means any conduct proscribed by the | 5 | | Criminal
Code of 1961 or the Criminal Code of 2012 in | 6 | | Sections 12-7.3, 12-7.4, and 12-7.5.
| 7 | | (22) "Victim" or "survivor" means an individual who | 8 | | has
been subjected to domestic violence, sexual violence, | 9 | | gender violence, or any other crime of violence.
"Victim" | 10 | | also includes any person described as a victim, as
defined | 11 | | under Section 2 of the Crime Victims Compensation
Act.
| 12 | | (23) "Victim services organization" means a nonprofit,
| 13 | | nongovernmental organization that provides assistance to | 14 | | victims
of domestic violence, sexual violence, gender | 15 | | violence, or any other crime of violence or to advocates | 16 | | for such victims,
including a rape crisis center, an | 17 | | organization carrying out a
domestic violence program, an | 18 | | organization operating a shelter or
providing counseling | 19 | | services, or a legal services organization
or other | 20 | | organization providing assistance through the legal
| 21 | | process.
| 22 | | (Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22 .)
| 23 | | (820 ILCS 180/20)
| 24 | | Sec. 20. Entitlement to leave due to domestic violence, | 25 | | sexual violence, gender violence, or any other crime of |
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| 1 | | violence.
| 2 | | (a) Leave requirement.
| 3 | | (1) Basis. An employee who is a victim of domestic | 4 | | violence, sexual violence, gender violence, or any
other | 5 | | crime of violence or an employee who has a family or | 6 | | household member who is a victim of
domestic violence, | 7 | | sexual violence, gender violence, or any other crime of
| 8 | | violence whose interests are not adverse to
the employee | 9 | | as it relates to the domestic violence, sexual violence, | 10 | | gender violence, or any other crime of violence may take | 11 | | unpaid
leave
from work if the employee or employee's | 12 | | family or household member is experiencing an incident of | 13 | | domestic violence, sexual violence, gender violence, or | 14 | | any other crime of violence or to address domestic | 15 | | violence, sexual violence, gender violence, or any other | 16 | | crime of violence by:
| 17 | | (A) seeking medical attention for, or recovering | 18 | | from,
physical or psychological injuries caused by | 19 | | domestic violence, sexual violence, gender violence, | 20 | | or any other crime of violence to the employee or the | 21 | | employee's family or
household member;
| 22 | | (B) obtaining services from a victim services | 23 | | organization
for the employee or the employee's family | 24 | | or household
member;
| 25 | | (C) obtaining psychological or other counseling | 26 | | for the
employee or the employee's family or household |
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| 1 | | member;
| 2 | | (D) participating in safety planning, temporarily | 3 | | or
permanently relocating, or taking other actions to | 4 | | increase
the safety of the employee or the employee's | 5 | | family or
household member from future domestic | 6 | | violence, sexual violence, gender violence, or any | 7 | | other crime of violence or
ensure economic security; | 8 | | or
| 9 | | (E) seeking legal assistance or remedies to ensure | 10 | | the
health and safety of the employee or the | 11 | | employee's family
or household member, including | 12 | | preparing for or
participating in any civil or | 13 | | criminal legal proceeding
related to or derived from | 14 | | domestic violence, sexual violence, gender violence, | 15 | | or any other crime of violence ; .
| 16 | | (F) attending the funeral or alternative to a | 17 | | funeral or wake of a family or household member who is | 18 | | killed in a crime of violence; | 19 | | (G) making arrangements necessitated by the death | 20 | | of a family or household member who is killed in a | 21 | | crime of violence; | 22 | | (H) grieving the death of a family or household | 23 | | member who is killed in a crime of violence; or | 24 | | (I) attending the funeral or alternative to a | 25 | | funeral or wake of a first responder who died in the | 26 | | line of duty or as a result of a crime of violence. |
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| 1 | | (2) Period. Subject to subsection (c) and except as | 2 | | provided in paragraph (4) of this subsection , an employee | 3 | | working for an employer that employs
at least 50 employees | 4 | | shall be
entitled to a total of 12 workweeks of leave | 5 | | during any 12-month
period. Subject to subsection (c) and | 6 | | except as provided in paragraph (4) of this subsection , an | 7 | | employee working for an employer that employs
at least 15 | 8 | | but not more than 49 employees shall be entitled to a total | 9 | | of 8 workweeks of leave during any 12-month period. | 10 | | Subject to subsection (c) and except as provided in | 11 | | paragraph (4) of this subsection , an employee working for | 12 | | an employer that employs at least one but not more than 14 | 13 | | employees shall be entitled to a total of 4 workweeks of | 14 | | leave during any 12-month period. The total number of | 15 | | workweeks to which an employee is entitled shall not | 16 | | decrease during the relevant 12-month period. This Act | 17 | | does not create a right for an employee to take
unpaid | 18 | | leave that exceeds the unpaid leave time allowed under, or
| 19 | | is in addition to the unpaid leave time permitted by, the | 20 | | federal
Family and Medical Leave Act of 1993 (29 U.S.C. | 21 | | 2601 et seq.).
| 22 | | (3) Schedule. Leave described in paragraph (1) may be | 23 | | taken consecutively, intermittently, or on a reduced work | 24 | | schedule.
| 25 | | (4) Exceptions. An employee shall be entitled to a | 26 | | total of not more than 2 workweeks (10 work days) of unpaid |
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| 1 | | leave for the purposes described in subparagraphs (F), | 2 | | (G), and (H) of paragraph (1), which must be completed | 3 | | within 60 days after the death of the victim. Unpaid leave | 4 | | time taken for these purposes shall be counted toward, and | 5 | | is not in addition to, the total leave time an employee is | 6 | | entitled to under paragraph (2). If the employee is also | 7 | | entitled to bereavement leave relating to the deceased | 8 | | victim under the Child Bereavement Leave Act, leave time | 9 | | taken under this Act for the purposes described in | 10 | | subparagraphs (F), (G), and (H) of paragraph (1) shall be | 11 | | counted toward, and is not in addition to, the leave time | 12 | | an employee is entitled to under the Child Bereavement | 13 | | Leave Act. | 14 | | (b) Notice. The employee shall provide the employer with | 15 | | at least 48 hours'
advance
notice of the employee's intention | 16 | | to take the leave, unless providing
such notice is not | 17 | | practicable. When an unscheduled absence occurs,
the employer | 18 | | may not take any action against the employee if the
employee, | 19 | | upon request of the employer and within a reasonable period | 20 | | after the absence, provides
certification under subsection | 21 | | (c).
| 22 | | (c) Certification.
| 23 | | (1) In general. The employer may require the employee | 24 | | to provide
certification to the employer
that:
| 25 | | (A) the employee or the employee's family or | 26 | | household
member is a victim of domestic violence, |
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| 1 | | sexual violence, gender violence, or any other crime | 2 | | of violence; and
| 3 | | (B) the leave is for one of the purposes | 4 | | enumerated in
paragraph (a)(1).
| 5 | | The employee shall provide such certification to the | 6 | | employer within a
reasonable period after the employer | 7 | | requests certification.
| 8 | | (2) Contents. An employee may satisfy the | 9 | | certification
requirement of paragraph (1) by providing to | 10 | | the employer
a sworn statement of the employee, and if the | 11 | | employee has possession of such document, the employee | 12 | | shall provide one of the following documents:
| 13 | | (A) documentation from an employee, agent, or | 14 | | volunteer of
a victim services organization, an | 15 | | attorney, a member of
the clergy, or a medical or other | 16 | | professional from whom
the employee or the employee's | 17 | | family or household member
has sought assistance in | 18 | | addressing domestic violence, sexual violence, gender | 19 | | violence, or any other crime of violence and the | 20 | | effects of the violence;
| 21 | | (B) a police or court record; or
| 22 | | (C) other corroborating evidence.
| 23 | | The employee shall choose which document to submit, | 24 | | and the employer shall not request or require more than | 25 | | one document to be submitted during the same 12-month | 26 | | period leave is requested or taken if the reason for leave |
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| 1 | | is related to the same incident or incidents of violence | 2 | | or the same perpetrator or perpetrators of the violence. | 3 | | (d) Confidentiality. All information provided to the | 4 | | employer pursuant
to subsection (b) or (c), including a | 5 | | statement of the employee or any
other documentation, record, | 6 | | or corroborating evidence, and the fact
that the employee has | 7 | | requested or obtained leave pursuant to this
Section, shall be | 8 | | retained in the strictest confidence by the employer,
except | 9 | | to the extent that disclosure is:
| 10 | | (1) requested or consented to in writing by the | 11 | | employee; or
| 12 | | (2) otherwise required by applicable federal or State | 13 | | law.
| 14 | | (e) Employment and benefits.
| 15 | | (1) Restoration to position.
| 16 | | (A) In general. Any
employee who takes leave under | 17 | | this Section for the
intended purpose of the leave | 18 | | shall be entitled, on return
from such leave:
| 19 | | (i) to be restored by the employer to the | 20 | | position of
employment held by the employee when | 21 | | the leave
commenced; or
| 22 | | (ii) to be restored to an equivalent position | 23 | | with
equivalent employment benefits, pay, and | 24 | | other terms
and conditions of employment.
| 25 | | (B) Loss of benefits. The taking of leave under | 26 | | this
Section shall not result in the loss of any |
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| 1 | | employment
benefit accrued prior to the date on which | 2 | | the leave
commenced.
| 3 | | (C) Limitations. Nothing in this subsection shall | 4 | | be
construed to entitle any restored employee to:
| 5 | | (i) the accrual of any seniority or employment
| 6 | | benefits during any period of leave; or
| 7 | | (ii) any right, benefit, or position of | 8 | | employment
other than any right, benefit, or | 9 | | position to which
the employee would have been | 10 | | entitled had the
employee not taken the leave.
| 11 | | (D) Construction. Nothing in this paragraph shall | 12 | | be
construed to prohibit an employer from requiring an
| 13 | | employee on leave under this Section to report | 14 | | periodically
to the employer on the status and | 15 | | intention of the employee
to return to work.
| 16 | | (2) Maintenance of health benefits.
| 17 | | (A) Coverage. Except as provided in subparagraph | 18 | | (B),
during any period that an employee takes leave | 19 | | under this
Section, the employer shall maintain | 20 | | coverage for the
employee and any family or household | 21 | | member under any group
health plan for the duration of | 22 | | such leave at the level and
under the conditions | 23 | | coverage would have been provided if
the employee had | 24 | | continued in employment continuously for
the duration | 25 | | of such leave.
| 26 | | (B) Failure to return from leave. The employer may |
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| 1 | | recover
the premium that the employer paid for | 2 | | maintaining coverage
for the employee and the | 3 | | employee's family or household
member under such group | 4 | | health plan during any period of
leave under this | 5 | | Section if:
| 6 | | (i) the employee fails to return from leave | 7 | | under
this Section after the period of leave to | 8 | | which the
employee is entitled has expired; and
| 9 | | (ii) the employee fails to return to work for | 10 | | a
reason other than:
| 11 | | (I) the continuation, recurrence, or onset | 12 | | of
domestic violence, sexual violence, gender | 13 | | violence, or any other crime of
violence that | 14 | | entitles the
employee to leave pursuant to | 15 | | this Section; or
| 16 | | (II) other circumstances beyond the | 17 | | control of the employee.
| 18 | | (C) Certification.
| 19 | | (i) Issuance. An employer may require an | 20 | | employee who
claims that the employee is unable to | 21 | | return to work
because of a reason described in | 22 | | subclause (I) or
(II) of subparagraph (B)(ii) to | 23 | | provide, within a
reasonable period after making | 24 | | the claim,
certification to the employer that the | 25 | | employee is
unable to return to work because of | 26 | | that reason.
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| 1 | | (ii) Contents. An employee may satisfy the
| 2 | | certification requirement of clause (i) by | 3 | | providing
to the employer:
| 4 | | (I) a sworn statement of the employee;
| 5 | | (II) documentation from an employee, | 6 | | agent, or
volunteer of a victim services | 7 | | organization, an
attorney, a member of the | 8 | | clergy, or a medical
or other professional | 9 | | from whom the employee
has sought assistance | 10 | | in addressing domestic violence, sexual | 11 | | violence, gender violence, or any other crime | 12 | | of
violence and the effects of that
violence;
| 13 | | (III) a police or court record; or
| 14 | | (IV) other corroborating evidence.
| 15 | | The employee shall choose which document to | 16 | | submit, and the employer shall not request or require | 17 | | more than one document to be submitted. | 18 | | (D) Confidentiality. All information provided to | 19 | | the
employer pursuant to subparagraph (C), including a
| 20 | | statement of the employee or any other documentation,
| 21 | | record, or corroborating evidence, and the fact that | 22 | | the
employee is not returning to work because of a | 23 | | reason
described in subclause (I) or (II) of | 24 | | subparagraph (B)(ii)
shall be retained in the | 25 | | strictest confidence by the
employer, except to the | 26 | | extent that disclosure is:
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| 1 | | (i) requested or consented to in writing by | 2 | | the
employee; or
| 3 | | (ii) otherwise required by applicable federal | 4 | | or
State law.
| 5 | | (f) Prohibited acts.
| 6 | | (1) Interference with rights.
| 7 | | (A) Exercise of rights. It shall be unlawful for | 8 | | any
employer to interfere with, restrain, or deny the | 9 | | exercise
of or the attempt to exercise any right | 10 | | provided under
this Section.
| 11 | | (B) Employer discrimination. It shall be unlawful | 12 | | for any
employer to discharge or harass any | 13 | | individual, or
otherwise discriminate against any | 14 | | individual with respect
to compensation, terms, | 15 | | conditions, or privileges of
employment of the | 16 | | individual (including retaliation in any
form or | 17 | | manner) because the individual:
| 18 | | (i) exercised any right provided under this | 19 | | Section;
or
| 20 | | (ii) opposed any practice made unlawful by | 21 | | this
Section.
| 22 | | (C) Public agency sanctions. It shall be unlawful | 23 | | for any
public agency to deny, reduce, or terminate | 24 | | the benefits
of, otherwise sanction, or harass any | 25 | | individual, or
otherwise discriminate against any | 26 | | individual with respect
to the amount, terms, or |
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| 1 | | conditions of public assistance of
the individual | 2 | | (including retaliation in any form or
manner) because | 3 | | the individual:
| 4 | | (i) exercised any right provided under this | 5 | | Section;
or
| 6 | | (ii) opposed any practice made unlawful by | 7 | | this
Section.
| 8 | | (2) Interference with proceedings or inquiries. It | 9 | | shall be
unlawful for any person to discharge or in any | 10 | | other manner
discriminate (as described in subparagraph | 11 | | (B) or (C) of
paragraph (1)) against any individual | 12 | | because such individual:
| 13 | | (A) has filed any charge, or has instituted or | 14 | | caused to be
instituted any proceeding, under or | 15 | | related to this
Section;
| 16 | | (B) has given, or is about to give, any | 17 | | information in
connection with any inquiry or | 18 | | proceeding relating to any
right provided under this | 19 | | Section; or
| 20 | | (C) has testified, or is about to testify, in any | 21 | | inquiry
or proceeding relating to any right provided | 22 | | under this Section.
| 23 | | (Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22 .)".
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