Public Act 103-0314
 
HB2493 EnrolledLRB103 28184 SPS 54563 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Victims' Economic Security and Safety Act
is amended by changing Sections 15 and 20 as follows:
 
    (820 ILCS 180/15)
    Sec. 15. Purposes. The purposes of this Act are:
        (1) to promote the State's interest in reducing
    domestic violence, dating violence, sexual assault, gender
    violence, and stalking, and any crime of violence by
    enabling victims of domestic violence, sexual violence, or
    gender violence, or any crime of violence to maintain the
    financial independence necessary to leave abusive
    situations, achieve safety, and minimize the physical and
    emotional injuries from domestic violence, sexual
    violence, or gender violence, or any crime of violence,
    and to reduce the devastating economic consequences of
    domestic violence, sexual violence, or gender violence, or
    any crime of violence to employers and employees;
        (2) to address the failure of existing laws to protect
    the employment rights of employees who are victims of
    domestic violence, sexual violence, or gender violence, or
    any crime of violence and employees with a family or
    household member who is a victim of domestic violence,
    sexual violence, or gender violence, or any crime of
    violence by protecting the civil and economic rights of
    those employees, and by furthering the equal opportunity
    of women for economic self-sufficiency and employment free
    from discrimination;
        (3) to accomplish the purposes described in paragraphs
    (1) and (2) by (A) entitling employed victims of domestic
    violence, sexual violence, or gender violence, or any
    crime of violence and employees with a family or household
    member who is a victim of domestic violence, sexual
    violence, or gender violence, or any crime of violence to
    take unpaid leave to seek medical help, legal assistance,
    counseling, safety planning, and other assistance without
    penalty from their employers for the employee or the
    family or household member who is a victim; and (B)
    prohibiting employers from discriminating against any
    employee who is a victim of domestic violence, sexual
    violence, or gender violence, or any crime of violence or
    any employee who has a family or household member who is a
    victim of domestic violence, sexual violence, or gender
    violence, or any crime of violence, in a manner that
    accommodates the legitimate interests of employers and
    protects the safety of all persons in the workplace.
(Source: P.A. 101-221, eff. 1-1-20.)
 
    (820 ILCS 180/20)
    Sec. 20. Entitlement to leave due to domestic violence,
sexual violence, gender violence, or any other crime of
violence.
    (a) Leave requirement.
        (1) Basis. An employee who is a victim of domestic
    violence, sexual violence, gender violence, or any other
    crime of violence or an employee who has a family or
    household member who is a victim of domestic violence,
    sexual violence, gender violence, or any other crime of
    violence whose interests are not adverse to the employee
    as it relates to the domestic violence, sexual violence,
    gender violence, or any other crime of violence may take
    unpaid leave from work if the employee or employee's
    family or household member is experiencing an incident of
    domestic violence, sexual violence, gender violence, or
    any other crime of violence or to address domestic
    violence, sexual violence, gender violence, or any other
    crime of violence by:
            (A) seeking medical attention for, or recovering
        from, physical or psychological injuries caused by
        domestic violence, sexual violence, gender violence,
        or any other crime of violence to the employee or the
        employee's family or household member;
            (B) obtaining services from a victim services
        organization for the employee or the employee's family
        or household member;
            (C) obtaining psychological or other counseling
        for the employee or the employee's family or household
        member;
            (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
        violence, sexual violence, gender violence, or any
        other crime of violence or ensure economic security;
        or
            (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 participating in any civil, criminal,
        or military legal proceeding related to or derived
        from domestic violence, sexual violence, gender
        violence, or any other crime of violence; .
            (F) attending the funeral or alternative to a
        funeral or wake of a family or household member who is
        killed in a crime of violence;
            (G) making arrangements necessitated by the death
        of a family or household member who is killed in a
        crime of violence; or
            (H) grieving the death of a family or household
        member who is killed in a crime of violence.
        (2) Period. Subject to subsection (c) and except as
    provided in paragraph (4) of this subsection, 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) and
    except as provided in paragraph (4) of this subsection, 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) and except as provided in
    paragraph (4) of this subsection, an employee working for
    an employer that 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.).
        (3) Schedule. Leave described in paragraph (1) may be
    taken consecutively, intermittently, or on a reduced work
    schedule.
        (4) Exceptions. An employee shall be entitled to use a
    cumulative total of not more than 2 workweeks (10 work
    days) of unpaid leave for the purposes described in
    subparagraphs (F), (G), or (H) of paragraph (1), which
    must be completed within 60 days after the date on which
    the employee receives notice of the death of the victim,
    and is subject to the following:
            (A) Except as provided in subparagraph (2), if an
        employee is also entitled to taken unpaid bereavement
        leave under the Family Bereavement Leave Act as a
        result of the death of the victim, this Act does not
        create a right for the employee to take unpaid
        bereavement leave that exceeds, or is in addition to,
        the unpaid bereavement leave the employee is entitled
        to take under the Family Bereavement Leave Act.
            (B) If an employee is also entitled to take unpaid
        bereavement leave under the Family Bereavement Leave
        Act as a result of the death of the victim, leave taken
        under this Act for the purposes described in
        subparagraphs (F), (G), or (H) of paragraph (1) or
        leave taken under the Family Bereavement Leave Act
        shall be in addition to, and shall not diminish, the
        total amount of leave time an employee is entitled to
        under paragraph (2).
            (C) If an employee is not entitled to unpaid
        bereavement leave under the Family Bereavement Leave
        Act as a result of the death of the victim, leave taken
        for the purposes described in subparagraphs (F), (G),
        or (H) of paragraph (1) shall be deducted from, and is
        not in addition to, the total amount of leave time an
        employee is entitled to under paragraph (2).
            (D) Leave taken for the purposes described in
        subparagraphs (F), (G), or (H) of paragraph (1) shall
        not otherwise limit or diminish the total amount of
        leave time an employee is entitled to take under
        paragraph (2).
    (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).
    (c) Certification.
        (1) In general. The employer may require the employee
    to provide certification to the employer that:
            (A) the employee or the employee's family or
        household member is a victim of domestic violence,
        sexual violence, gender violence, or any other crime
        of violence; and
            (B) the leave is for one of the purposes
        enumerated in paragraph (a)(1).
        The employee shall provide such certification to the
    employer within a reasonable period after the employer
    requests certification.
        (2) Contents. An employee may satisfy the
    certification requirement of paragraph (1) by providing to
    the employer a sworn statement of the employee, and if the
    employee has possession of such document, the employee
    shall provide one of the following documents:
            (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 violence, sexual violence, gender
        violence, or any other crime of violence and the
        effects of the violence;
            (B) a police, court, or military record; or
            (B-5) a death certificate, published obituary, or
        written verification of death, burial, or memorial
        services from a mortuary, funeral home, burial
        society, crematorium, religious institution, or
        government agency, documenting that a victim was
        killed in a crime of violence; or
            (C) other corroborating evidence.
        The employee shall choose which document to submit,
    and the employer shall not request or require more than
    one document to be submitted during the same 12-month
    period leave is requested or taken if the reason for leave
    is related to the same incident or incidents of violence
    or the same perpetrator or perpetrators of the violence.
    (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:
        (1) requested or consented to in writing by the
    employee; or
        (2) otherwise required by applicable federal or State
    law.
    (e) Employment and benefits.
        (1) Restoration to position.
            (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:
                (i) to be restored by the employer to the
            position of employment held by the employee when
            the leave commenced; or
                (ii) to be restored to an equivalent position
            with equivalent employment benefits, pay, and
            other terms and conditions of employment.
            (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.
            (C) Limitations. Nothing in this subsection shall
        be construed to entitle any restored employee to:
                (i) the accrual of any seniority or employment
            benefits during any period of leave; or
                (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.
            (D) Construction. Nothing in this paragraph shall
        be construed to prohibit an employer from requiring an
        employee on leave under this Section to report
        periodically to the employer on the status and
        intention of the employee to return to work.
        (2) Maintenance of health benefits.
            (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.
            (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:
                (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
                (ii) the employee fails to return to work for
            a reason other than:
                    (I) the continuation, recurrence, or onset
                of domestic violence, sexual violence, gender
                violence, or any other crime of violence that
                entitles the employee to leave pursuant to
                this Section; or
                    (II) other circumstances beyond the
                control of the employee.
            (C) Certification.
                (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.
                (ii) Contents. An employee may satisfy the
            certification requirement of clause (i) by
            providing to the employer:
                    (I) a sworn statement of the employee;
                    (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 violence, sexual
                violence, gender violence, or any other crime
                of violence and the effects of that violence;
                    (III) a police, court, or military record;
                or
                    (IV) other corroborating evidence.
            The employee shall choose which document to
        submit, and the employer shall not request or require
        more than one document to be submitted.
            (D) Confidentiality. All information provided to
        the employer pursuant to subparagraph (C), including a
        statement of the employee or any other documentation,
        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:
                (i) requested or consented to in writing by
            the employee; or
                (ii) otherwise required by applicable federal
            or State law.
    (f) Prohibited acts.
        (1) Interference with rights.
            (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.
            (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 individual:
                (i) exercised any right provided under this
            Section; or
                (ii) opposed any practice made unlawful by
            this Section.
            (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:
                (i) exercised any right provided under this
            Section; or
                (ii) opposed any practice made unlawful by
            this Section.
        (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:
            (A) has filed any charge, or has instituted or
        caused to be instituted any proceeding, under or
        related to this Section;
            (B) has given, or is about to give, any
        information in connection with any inquiry or
        proceeding relating to any right provided under this
        Section; or
            (C) has testified, or is about to testify, in any
        inquiry or proceeding relating to any right provided
        under this Section.
(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22;
102-890, eff. 5-19-22.)

Effective Date: 1/1/2024