(A) The purpose of this policy is to inform employees of their rights under the Victims’ Economic Security and Safety Act (the “Act”), ILCS Ch. 820, Act 180, § 1.
(B) The intent of this policy is to establish guidelines that will set forth an employees’ rights under the Act.
(C) (1) Subject to certification requirements outlined below, an employee shall be entitled to a total of 12 work weeks of unpaid leave during any 12-month period if that employee is a victim of domestic or sexual violence or has a family or household member who is a victim of domestic or sexual violence. The leave may be taken to:
(a) Seek medical attention for or recovering from physical or psychological injuries;
(b) Obtain services from a victim services organization;
(c) Obtain psychological or other counseling;
(d) Participate in safety planning, temporarily or permanently relocating, or taking other actions to increase safety from future domestic or sexual violence or insure economic security; and/or
(e) Seek legal assistance or remedies, including preparing for or participating in any civil or criminal proceeding related to or derived from domestic or sexual violence.
(2) At the employee’s discretion, the leave may be taken intermittently or on a reduced work schedule.
(D) The employee shall provide the employer with at least 48 hours advance notice of the employee’s intention to take the leave, unless such notice is not practicable. The employer shall not take any action against the employee if an unscheduled absence occurs, provided the employee provides the proper certification set forth below as soon as is practicable.
(E) All information provided to the employer pursuant to this policy shall be retained in confidence by the employer, except for disclosure requested or consented to in writing by the employee or otherwise required by state or federal law.
(F) (1) Upon application for such leave, the employee shall provide to the employer the sworn statement set forth in Schedule A below and obtain one of the following documents:
(a) Documentation from an employee, agent or volunteer of a victim services organization, an attorney, member of the clerk, or a medical or other professional from whom assistance has been sought in addressing domestic or sexual violence and the effects of the violence;
(b) A police or court record; or
(c) Other corroborating evidence as determined sufficient by the employer.
SCHEDULE A: |
SAMPLE SWORN STATEMENT: |
SWORN STATEMENT |
I, ________________, swear that I am taking leave under the Victims’ Economic Security and Safety Act and that either I am a victim of domestic or sexual violence or have a family or household member who is a victim of domestic or sexual violence. |
_________________________ |
Signature |
___________________ |
Date |
(2) Nothing in the division (F) shall be construed to prohibit an employer from requiring an employee on leave to report periodically to the employer regarding the employee’s progress or regarding employment matters.
(G) (1) Upon returning to work after taking leave enumerated under this policy, the employee shall be restored to the position held prior to taking leave or to an equivalent position. The employee shall retain any employment benefits accrued prior to the date on which leave commenced. However, nothing in this policy shall be construed to entitle any restored employee to have accrued any seniority or employment benefits during any period of leave or any right, benefit or position of employment that the employee would not have received had he or she not taken leave.
(2) Additionally, the employer shall maintain coverage for the employee and family or household member under any group plan for the duration of such leave at the leave and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.
(3) In the event that the employee fails to return from leave under this policy after the period of leave to which the employee is entitled has expired and for reasons other than the continuation, reoccurrence, or onset of domestic or sexual violence, the employer may recover from the employee the premium that the employer paid for maintaining the level of coverage for the employee.
(H) (1) An employee who is entitled to take paid or unpaid leave (including family, medical, sick, annual, personal or similar leave) from employment pursuant to federal, state or local law, the collective bargaining agreement, or the employment benefits program of plan, may elect to substitute any period of leave for an equivalent period of leave provided under this policy.
(2) This policy does not provide additional time if the leave is also covered by the Family Medical Leave Act.
(Ord. 04-12, passed 3-10-04)
Statutory reference:
Victims’ Economic Security and Safety Act (VESSA), see ILCS Ch. 820, Act 180, § 1