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Public Act 099-0765
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| HB4036 Enrolled | LRB099 09474 JLS 29682 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Victims' Economic Security and Safety Act is |
amended by changing Sections 10 and 20 as follows:
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(820 ILCS 180/10)
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Sec. 10. Definitions. In this Act, except as otherwise |
expressly provided:
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(1) "Commerce" includes trade, traffic, commerce,
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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".
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(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.
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(3) "Department" means the Department of Labor.
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(4) "Director" means the Director of Labor.
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(5) "Domestic or sexual violence" means domestic |
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violence, sexual
assault, or stalking.
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(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.
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(7) "Electronic communications" includes |
communications via
telephone, mobile phone, computer, |
e-mail, video recorder, fax
machine, telex, or pager, or |
any other electronic communication, as defined in Section |
12-7.5 of the Criminal Code of 2012.
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(8) "Employ" includes to suffer or permit to work.
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(9) Employee.
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(A) In general. "Employee" means any person |
employed by an employer.
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(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.
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(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 15 employees.
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(11) "Employment benefits" means all benefits provided |
or made
available to employees by an employer, including |
group life
insurance, health insurance, disability |
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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.
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(12) "Family or household member", for employees with a |
family or household member who is a victim of domestic or |
sexual violence, means a spouse,
parent, son, daughter, |
other person related by blood or by present or prior |
marriage, other person who shares a relationship through a |
son or daughter, and persons jointly residing
in the same |
household.
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(13) "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.
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(14) "Perpetrator" means an individual who commits or |
is alleged
to have committed any act or threat of domestic |
or sexual
violence.
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(15) "Person" means an individual, partnership, |
association,
corporation, business trust, legal |
representative, or any
organized group of persons.
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(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.
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(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.
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(18) "Reduced work schedule" means a work schedule that |
reduces
the usual number of hours per workweek, or hours |
per workday, of
an employee.
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(19) "Repeatedly" means on 2 or more occasions.
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(20) "Sexual assault" means any conduct proscribed by |
the
Criminal Code of 1961 or the Criminal Code of 2012 in |
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
12-13, 12-14, 12-14.1,
12-15, and 12-16.
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(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.
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(22) "Victim" or "survivor" means an individual who has
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been subjected to domestic or sexual violence.
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(23) "Victim services organization" means a nonprofit,
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nongovernmental organization that provides assistance to |
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victims
of domestic or sexual 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
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process.
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(Source: P.A. 96-635, eff. 8-24-09; 96-1551, eff. 7-1-11; |
97-1150, eff. 1-25-13.)
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(820 ILCS 180/20)
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Sec. 20. Entitlement to leave due to domestic or sexual |
violence.
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(a) Leave requirement.
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(1) Basis. An employee who is a victim of domestic or |
sexual
violence or an employee who has a family or |
household member who is a victim of
domestic or sexual |
violence whose interests are not adverse to
the employee as |
it relates to the domestic or sexual violence may take |
unpaid
leave
from work if the employee or employee's family |
or household member is experiencing an incident of domestic |
or sexual violence or to address domestic or
sexual |
violence by:
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(A) seeking medical attention for, or recovering |
from,
physical or psychological injuries caused by |
domestic or
sexual violence to the employee or the |
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employee's family or
household member;
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(B) obtaining services from a victim services |
organization
for the employee or the employee's family |
or household
member;
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(C) obtaining psychological or other counseling |
for the
employee or the employee's family or household |
member;
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(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 or |
sexual violence or
ensure economic security; or
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(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
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participating in any civil or criminal legal |
proceeding
related to or derived from domestic or |
sexual violence.
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(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 |
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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.).
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(3) Schedule. Leave described in paragraph (1) may be |
taken
intermittently or on a reduced work schedule.
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(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).
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(c) Certification.
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(1) In general. The employer may require the employee |
to provide
certification to the employer
that:
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(A) the employee or the employee's family or |
household
member is a victim of domestic or sexual |
violence; and
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(B) the leave is for one of the purposes enumerated |
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in
paragraph (a)(1).
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The employee shall provide such certification to the |
employer within a
reasonable period after the employer |
requests certification.
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(2) Contents. An employee may satisfy the |
certification
requirement of paragraph (1) by providing to |
the employer
a sworn statement of the employee, and upon |
obtaining such documents the
employee shall provide:
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(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 or sexual
violence and the effects |
of the violence;
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(B) a police or court record; or
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(C) other corroborating evidence.
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(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:
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(1) requested or consented to in writing by the |
employee; or
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(2) otherwise required by applicable federal or State |
law.
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(e) Employment and benefits.
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(1) Restoration to position.
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(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:
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(i) to be restored by the employer to the |
position of
employment held by the employee when |
the leave
commenced; or
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(ii) to be restored to an equivalent position |
with
equivalent employment benefits, pay, and |
other terms
and conditions of employment.
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(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.
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(C) Limitations. Nothing in this subsection shall |
be
construed to entitle any restored employee to:
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(i) the accrual of any seniority or employment
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benefits during any period of leave; or
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(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.
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(D) Construction. Nothing in this paragraph shall |
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be
construed to prohibit an employer from requiring an
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employee on leave under this Section to report |
periodically
to the employer on the status and |
intention of the employee
to return to work.
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(2) Maintenance of health benefits.
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(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.
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(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:
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(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
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(ii) the employee fails to return to work for a
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reason other than:
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(I) the continuation, recurrence, or onset |
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of
domestic or sexual violence that entitles |
the
employee to leave pursuant to this Section; |
or
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(II) other circumstances beyond the |
control of the employee.
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(C) Certification.
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(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.
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(ii) Contents. An employee may satisfy the
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certification requirement of clause (i) by |
providing
to the employer:
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(I) a sworn statement of the employee;
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(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 or
sexual violence and the |
effects of that
violence;
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(III) a police or court record; or
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(IV) other corroborating evidence.
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(D) Confidentiality. All information provided to |
the
employer pursuant to subparagraph (C), including a
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statement of the employee or any other documentation,
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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:
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(i) requested or consented to in writing by the
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employee; or
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(ii) otherwise required by applicable federal |
or
State law.
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(f) Prohibited acts.
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(1) Interference with rights.
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(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.
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(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 |
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individual:
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(i) exercised any right provided under this |
Section;
or
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(ii) opposed any practice made unlawful by |
this
Section.
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(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:
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(i) exercised any right provided under this |
Section;
or
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(ii) opposed any practice made unlawful by |
this
Section.
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(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:
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(A) has filed any charge, or has instituted or |
caused to be
instituted any proceeding, under or |
related to this
Section;
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(B) has given, or is about to give, any information |