(A) Generally. The county will provide up to 12 weeks of unpaid leave from work to an employee who is a victim of domestic or sexual violence (or who has a family or household member who is a victim of domestic or sexual violence) to address domestic or sexual violence if the employee is:
(1) Seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to the employee or the employee’s family or household member;
(2) Obtaining services from a victim services organization for the employee or the employee’s family or household member;
(3) Obtaining psychological or other counseling for the employee or the employee’s family or household member;
(4) 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 or sexual violence or ensure economic security; or
(5) 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 or sexual violence.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FAMILY OR HOUSEHOLD MEMBER. A spouse, parent, son, daughter, other person related by blood or by present or prior marriage, other person who shares a relationship through a son or daughter, and persons jointly residing in the same household whose interests are not adverse to the employee as it relates to the domestic or sexual violence.
PARENT. 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. 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 years of age or older and incapable of self-care because of a mental or physical disability.
(C) Period of leave. An employee shall be entitled to a total of 12 work weeks (note that, employers with less than 50 employees can provide eight weeks instead of 12) of unpaid leave during any 12-month period. (This policy 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 and Medical Leave Act.) Leave may be taken intermittently or on a reduced work schedule.
(D) Existing leave. The employee may use any available paid or unpaid leave (including family, medical, sick, annual, personal and the like) from employment, pursuant to federal, state or local law, a collective bargaining agreement or an employment benefits program or plan, in substitution for any period of the leave for an equivalent period of leave.
(E) Employee notice requirements.
(1) The employee shall provide the county with at least 48-hours’ advance notice of the employee’s intention to take the leave unless providing the notice is not practicable.
(2) When an unscheduled absence occurs, the county will not take any action against the employee if the employee, within a reasonable period after the absence (generally defined herein as 15 days) provides certification as shown under the next section.
(F) Employee certification.
(1) The county may require the employee to provide certification to the county that:
(a) The employee or the employee’s family or household member is a victim of domestic or sexual violence; and
(b) The leave is for one of the purposes enumerated in division (F)(1)(a) above.
(2) The employee shall provide the certification to the county within a reasonable period after the county requests certification.
(3) An employee may satisfy the above certification requirement by providing to the county a signed and dated statement of the employee and, upon obtaining the documents, the employee shall provide:
(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 or sexual violence and the effects of the violence;
(b) A police or court record; or
(c) Other corroborating evidence.
(G) Confidentiality. All information provided to the county, 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 policy, shall be retained in the strictest confidence by the county, 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.
(H) Restoration to position. In general, an employee who takes leave under this policy shall be entitled, on return from the leave:
(1) To be restored by county to the position of employment held by the employee when the leave commenced; or
(2) To be restored to an equivalent position with equivalent employment benefits, play and other terms and conditions of employment.
(I) Loss of benefits.
(1) The taking of leave under this policy shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. An employee may elect to substitute available paid leave any period of leave under this policy. An employee will not be required to substitute available paid leave provided under this policy.
(2) An employee who takes leave under this policy for the intended purpose of the leave shall be entitled upon return from the leave to be restored to the same position or to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.
(3) However, the employee is not entitled to:
(a) The accrual of any seniority or employment benefits during any period of leave; or
(b) 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.
(J) Reporting to the county. The county may require an employee on leave under this policy to report periodically to the county on the status and intention of the employee to return to work.
(K) Maintenance of health benefits. Except as provided under division (I) above, during any period that an employee takes leave under this policy, the county shall maintain coverage for the employee and any family or household member under any group health plan for the duration of the 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 the leave.
(L) Failure to return from leave.
(1) The county may recover the premium that the county paid for maintaining coverage for the employee and the employee’s family or household member under the group health plan during the period of leave under this policy if:
(a) The employee fails to return from leave under this policy after the period of leave to which the employee is entitled has expired; and
(b) The employee fails to return to work for a reason other than:
1. The continuation, recurrence or on-set of domestic or sexual violence that entitles the employee to leave; or
2. Other circumstance beyond the control of the employee.
(2) The county may require an employee who claims that the employee is unable to return to work because of reason described in divisions (L)(1)(a) or (L)(1)(b) above to provide, within a reasonable period after making the claim, certification to the county that the employee is unable to return to work because of that reason.
(3) An employee may satisfy the certification requirement above by providing to the county:
(a) A sworn statement of the employee;
(b) 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 or sexual violence and the effects of that violence;
(c) A police or court record; or
(d) Other corroborating evidence.
(4) The county will not fail to hire, refuse to hire, discharge, constructively discharge or harass any individual exercising their rights under this policy or otherwise discriminate against any individual exercising his or her rights under this policy with respect to the compensation, terms, conditions or privileges of employment of the individual, or retaliate against an individual in any form or manner for exercising his or her rights under this policy.
(M) Leave availability calculation. The county has adopted a “rolling 12-month period” method of calculating available leave. In order to determine the amount of available leave, the calculation is made each time an employee commences leave. From that date, the preceding 12-month period is examined. Any leave used during that preceding 12 months is deducted from the 12-weeks’ annual leave provided by law under this policy. An employee is entitled to take no more than the remaining balance of leave.
(N) Reference to required posting.
(1) The county has posted in the break room, a poster setting forth the relevant provisions of the Victims’ Economic Security and Safety Act, being ILCS Ch. 820, Act 180.
(2) The terms of that poster are incorporated in this policy document as if they were specifically set forth.
(3) Each employee is charged with familiarizing himself or herself with the contents of that poster concerning all applicable employee rights and obligations under the Act.
(Ord. passed 11-28-2011)