Bill Text: IL HB2493 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Enrolled.html

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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

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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.)

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(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

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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.

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(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

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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),

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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

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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

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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

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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.

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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:
(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

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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

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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

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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.)