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| Public Act 102-0487
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| HB3582 Enrolled | LRB102 15003 JLS 20358 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, 20, 25, 30, and 45 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. |
(2.5) "Crime of violence" means any conduct proscribed |
by Articles 9, 11, 12, 26.5, 29D, and 33A of the Criminal |
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Code of 2012 or a similar provision of the Criminal Code of |
1961, in addition to conduct proscribed by Articles of the |
Criminal Code of 2012 referenced in other definitions in |
this Section.
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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 violence, sexual violence, or gender |
violence" means domestic violence, sexual
assault, gender |
violence, 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, pager, online |
platform (including, but not limited to, any public-facing |
website, web application, digital application, or social |
network), 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 |
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part-time basis,
or as a participant in a work
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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.
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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 |
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".
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"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 |
violence, sexual violence, or gender violence, or any
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other crime of violence, means a spouse or party to a civil |
union,
parent, grandparent, child, grandchild, sibling, or |
any son, daughter, other person related by blood or by |
present or prior marriage or civil union, other person who |
shares a relationship through a child, or any other |
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individual
whose close association
with the employee is |
the equivalent of a family relationship as determined by |
the employee son or daughter, and persons jointly residing
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in the same household.
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(12.5) "Gender violence" means: |
(A) one or more acts of violence or aggression |
satisfying the elements of any criminal offense under the |
laws of this State that are committed, at least in part, on |
the basis of a person's actual or perceived sex or gender, |
regardless of whether the acts resulted in criminal |
charges, prosecution, or conviction; |
(B) a physical intrusion or physical invasion of a |
sexual nature under coercive conditions satisfying the |
elements of any criminal offense under the laws of this |
State, regardless of whether the intrusion or invasion |
resulted in criminal charges, prosecution, or conviction; |
or |
(C) a threat of an act described in item (A) or (B) |
causing a realistic apprehension that the originator of |
the threat will commit the act. |
(13) (Blank). "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 |
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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 |
violence, sexual violence, or gender violence, or any |
other crime of 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: |
(i) Article 11 of the Criminal Code of 2012 except |
Sections 11-35 and 11-45; (ii) Sections 12-13, 12-14, |
12-14.1, 12-15, and 12-16 of the Criminal Code of 2012; or |
(iii) a similar provision of the Criminal Code of 1961. |
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(20.5) "Sexual violence" means sexual assault.
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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
been subjected to domestic violence, sexual violence, |
or gender violence, or any other crime of violence.
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"Victim" also includes any person described as a victim, |
as
defined under Section 2 of the Crime Victims |
Compensation
Act.
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(23) "Victim services organization" means a nonprofit,
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nongovernmental organization that provides assistance to |
victims
of domestic violence, sexual violence, or gender |
violence, or any other crime of 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. 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, or 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, or gender violence, or any
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other crime of violence or an employee who has a family or |
household member who is a victim of
domestic violence, |
sexual violence, or 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, |
or 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, or gender violence, or |
any other crime of violence or to address domestic |
violence, sexual violence, or 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, or 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, or 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 or |
criminal legal proceeding
related to or derived from |
domestic violence, sexual violence, or gender |
violence, or any other crime of 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 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 |
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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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(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, or 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 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 violence, sexual violence, or |
gender violence, or any other crime of 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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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 |
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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 |
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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 |
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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, or |
gender violence, or any other crime of
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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, or gender violence, or any other |
crime of
violence and the effects of that
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violence;
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(III) a police or court 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 |
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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.)
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(820 ILCS 180/25)
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Sec. 25. Existing leave usable for addressing domestic |
violence, sexual violence, or gender violence, or any criminal |
violence. An employee who is entitled to take paid or unpaid |
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leave (including
family, medical, sick, annual, personal, or |
similar leave) from employment,
pursuant to federal, State, or |
local law, a collective bargaining agreement, or
an
employment |
benefits program or plan, may elect to substitute any period |
of such
leave for an equivalent period of leave provided under |
Section 20. The employer may not require the employee to |
substitute available paid or unpaid leave for leave provided |
under Section 20.
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(Source: P.A. 101-221, eff. 1-1-20.)
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(820 ILCS 180/30)
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Sec. 30. Victims' employment sustainability; prohibited
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discriminatory acts. |
(a) An employer shall not fail to hire, refuse to hire,
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discharge, constructively discharge, or harass any individual, |
otherwise discriminate against any
individual with respect to |
the compensation, terms, conditions, or
privileges of |
employment of the individual, or retaliate against an
|
individual in any form or manner, and a public agency shall not |
deny,
reduce, or terminate the benefits of, otherwise |
sanction, or harass any
individual, otherwise discriminate |
against any individual with respect
to the amount, terms, or |
conditions of public assistance of the
individual, or |
retaliate against an individual in any form or manner,
|
because:
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(1) the individual involved:
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(A) is or is perceived to be a victim of domestic |
violence, sexual violence, or gender violence, or any |
criminal violence;
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(B) attended, participated in, prepared for, or |
requested
leave to attend, participate in, or prepare |
for a criminal
or civil court proceeding relating to |
an incident of
domestic violence, sexual violence, or |
gender violence, or any criminal violence of which the |
individual or a
family or household member of the |
individual was a victim, or requested or took leave |
for any other reason provided under Section 20;
|
(C) requested an adjustment to a job structure, |
workplace
facility, or work requirement, including a |
transfer,
reassignment, or modified schedule, leave, a |
changed
telephone number or seating assignment, |
installation of a
lock, or implementation of a safety |
procedure in response
to actual or threatened domestic |
violence, sexual violence, or gender violence, or any |
other crime of
violence,
regardless of whether the |
request was granted; or |
(D) is an employee whose employer is subject to |
Section 21 of the Workplace Violence Prevention Act; |
or
|
(2) the workplace is disrupted or threatened by the |
action of a
person whom the individual states has |
committed or threatened to
commit domestic violence, |
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sexual violence, or gender violence, or any other crime of
|
violence against the individual or the
individual's family |
or household member.
|
(b) In this Section:
|
(1) "Discriminate", used with respect to the terms, |
conditions,
or privileges of employment or with respect to |
the terms or
conditions of public assistance, includes not |
making a reasonable
accommodation to the known limitations |
resulting from
circumstances relating to being a victim of |
domestic violence, sexual violence, or gender violence, or |
any criminal violence or a family or household member |
being a victim of
domestic violence, sexual violence, or |
gender violence, or any other crime of
violence of an |
otherwise qualified individual:
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(A) who is:
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(i) an applicant or employee of the employer |
(including a
public agency); or
|
(ii) an applicant for or recipient of public |
assistance
from a public agency; and
|
(B) who is:
|
(i) or is perceived to be a victim of domestic |
violence, sexual violence, or gender violence, or |
any other crime of
violence; or
|
(ii) with a family or household member who is |
or is perceived to be a victim of
domestic |
violence, sexual violence, or gender violence, or |
|
any other crime of
violence whose interests are |
not adverse to
the individual in subparagraph (A) |
as it relates to the domestic violence, sexual |
violence, or gender violence, or any other crime |
of
violence;
|
unless the employer or public agency can demonstrate that |
the
accommodation would impose an undue hardship on the |
operation of
the employer or public agency.
|
A reasonable accommodation must be made in a timely |
fashion. Any exigent circumstances or danger facing the |
employee or his or her family or household member shall be |
considered in determining whether the accommodation is |
reasonable. |
(2) "Qualified individual" means:
|
(A) in the case of an applicant or employee |
described in
paragraph (1)(A)(i), an individual who, |
but for being a
victim of domestic violence, sexual |
violence, or gender violence, or any other crime of
|
violence or with a family or
household member who is a |
victim of domestic violence, sexual violence, or |
gender violence, or any other crime of
violence, can |
perform the essential functions of the
employment |
position that such individual holds or desires;
or
|
(B) in the case of an applicant or recipient |
described in
paragraph (1)(A)(ii), an individual who, |
but for being a
victim of domestic violence, sexual |
|
violence, or gender violence, or any other crime of
|
violence or with a family or
household member who is a |
victim of domestic violence, sexual violence, or |
gender violence, or any other crime of
violence, can |
satisfy the essential requirements of the
program |
providing the public assistance that the individual
|
receives or desires.
|
(3) "Reasonable accommodation" may include an |
adjustment to a job
structure, workplace facility, or work |
requirement, including a
transfer, reassignment, or |
modified schedule, leave, a changed
telephone number or |
seating assignment, installation of a lock,
or |
implementation of a safety procedure, or assistance in |
documenting domestic violence, sexual violence, or gender |
violence, or any other crime of
violence that occurs at |
the workplace or in work-related settings, or any other |
reasonable accommodation in response to actual or
|
threatened domestic violence, sexual violence, or gender |
violence, or any other crime of
violence.
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(4) Undue hardship.
|
(A) In general. "Undue hardship" means an action |
requiring
significant difficulty or expense, when |
considered in light
of the factors set forth in |
subparagraph (B).
|
(B) Factors to be considered. In determining |
whether a
reasonable accommodation would impose an |
|
undue hardship on
the operation of an employer or |
public agency, factors to
be considered include:
|
(i) the nature and cost of the reasonable
|
accommodation needed under this Section;
|
(ii) the overall financial resources of the |
facility
involved in the provision of the |
reasonable
accommodation, the number of persons |
employed at such
facility, the effect on expenses |
and resources, or
the impact otherwise of such |
accommodation on the
operation of the facility;
|
(iii) the overall financial resources of the |
employer
or public agency, the overall size of the |
business of
an employer or public agency with |
respect to the
number of employees of the employer |
or public agency,
and the number, type, and |
location of the facilities
of an employer or |
public agency; and
|
(iv) the type of operation of the employer or |
public
agency, including the composition, |
structure, and
functions of the workforce of the |
employer or public
agency, the geographic |
separateness of the facility
from the employer or |
public agency, and the
administrative or fiscal |
relationship of the facility
to the employer or |
public agency.
|
(c) An employer subject to Section 21 of the Workplace |
|
Violence Prevention Act shall not violate any provisions of |
the Workplace Violence Prevention Act. |
(d) Confidentiality. All information provided to the
|
employer pursuant to this Section including a
statement of the |
employee or any other documentation, record, or corroborating |
evidence, and the fact that the employee has requested or |
obtained an accommodation 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. |
(Source: P.A. 101-221, eff. 1-1-20.)
|
(820 ILCS 180/45)
|
Sec. 45. Effect on other laws and employment benefits.
|
(a) More protective laws, agreements, programs, and
plans. |
Nothing in this Act shall be construed to supersede
any |
provision of any federal, State, or local law, collective
|
bargaining agreement, or employment benefits program or plan
|
that provides:
|
(1) greater leave benefits for victims of domestic |
violence, sexual violence, or gender violence, or any
|
other crime of violence
than the rights established under |
this
Act; or
|
|
(2) leave benefits for a larger population of
victims |
of domestic violence, sexual violence, or gender violence, |
or any
other crime of violence (as defined in
such law, |
agreement, program, or plan) than the victims
of domestic |
violence, sexual violence, or gender violence, or any
|
other crime of violence covered under this Act.
|
(b) Less protective laws, agreements, programs, and
plans. |
The rights established for employees who are victims
of |
domestic violence, sexual violence, or gender violence, or any
|
other 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
other crime of violence |
under this Act shall not be diminished by any
federal, State or |
local law, collective bargaining agreement, or
employment |
benefits program or plan.
|
(Source: P.A. 101-221, eff. 1-1-20.)
|
