Entitlement to leave due to domestic violence, sexual violence, gender violence, or any other crime of violence.
     (a) Leave requirement.

Ask an employment law question, get an answer ASAP!
Thousands of highly rated, verified employment lawyers
Specialties include: Employment Law, EEOC, Pension and Compensation, Harassment Law, Discrimination Law, Termination Law, General Legal and more.
Click here to chat with a lawyer about your rights.

Terms Used In Illinois Compiled Statutes 820 ILCS 180/20

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • sworn: shall be construed to include the word "affirmed. See Illinois Compiled Statutes 5 ILCS 70/1.12
  • Testify: Answer questions in court.

         (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;
            (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;
             (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.