Bill Text: IL HB2493 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Amends the Victims' Economic Security and Safety Act. Provides that an employee may take unpaid leave from work for specified reasons relating to a family or household member who is killed in a crime of violence. Provides that an employee shall be entitled to a total of not more than 2 workweeks of unpaid leave for specified reasons relating to a family or household member who is killed in a crime of violence, which must be completed within 60 days after the date on which the employee receives notice of the death of the victim. Provides that an employee may satisfy the certification requirement by providing an employer with 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. Makes other changes.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0314 [HB2493 Detail]
Download: Illinois-2023-HB2493-Chaptered.html
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Public Act 103-0314 | ||||
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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 15 and 20 as follows:
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(820 ILCS 180/15)
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Sec. 15. Purposes. The purposes of this Act are:
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(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
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enabling victims of domestic violence, sexual violence, or | ||||
gender violence , or any crime of violence to maintain the
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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;
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(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;
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(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.
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(Source: P.A. 101-221, eff. 1-1-20 .)
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(820 ILCS 180/20)
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Sec. 20. Entitlement to leave due to domestic violence, | ||
sexual violence, gender violence, or any other crime of | ||
violence.
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(a) Leave requirement.
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(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
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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:
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(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;
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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 | ||
violence, sexual violence, gender violence, or any | ||
other crime of 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
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 ; .
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(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
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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 consecutively, intermittently, or on a reduced work | ||
schedule.
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(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).
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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 violence, | ||
sexual violence, gender violence, or any other crime | ||
of violence; and
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(B) the leave is for one of the purposes | ||
enumerated 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 if the | ||
employee has possession of such document, the employee | ||
shall provide one of the following documents:
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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 violence, sexual violence, gender | ||
violence, or any other crime of violence and the | ||
effects of the violence;
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(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
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(C) other corroborating evidence.
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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:
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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 | ||
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
reason other than:
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(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
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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 violence, sexual | ||
violence, gender violence, or any other crime | ||
of
violence and the effects of that
violence;
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(III) a police, court, or military record; | ||
or
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(IV) other corroborating evidence.
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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
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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
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 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 in
connection with any inquiry or | ||
proceeding relating to any
right provided under this | ||
Section; or
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(C) has testified, or is about to testify, in any | ||
inquiry
or proceeding relating to any right provided | ||
under this Section.
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(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22; | ||
102-890, eff. 5-19-22.)
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