Illinois 2023-2024 Regular Session

Illinois House Bill HB2493 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0314
2	1		HB2493 EnrolledLRB103 28184 SPS 54563 b HB2493 Enrolled LRB103 28184 SPS 54563 b
3	2		HB2493 Enrolled LRB103 28184 SPS 54563 b
4		-	AN ACT concerning employment.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Victims' Economic Security and Safety Act
8		-	is amended by changing Sections 15 and 20 as follows:
9		-	(820 ILCS 180/15)
10		-	Sec. 15. Purposes. The purposes of this Act are:
11		-	(1) to promote the State's interest in reducing
12		-	domestic violence, dating violence, sexual assault, gender
13		-	violence, and stalking, and any crime of violence by
14		-	enabling victims of domestic violence, sexual violence, or
15		-	gender violence, or any crime of violence to maintain the
16		-	financial independence necessary to leave abusive
17		-	situations, achieve safety, and minimize the physical and
18		-	emotional injuries from domestic violence, sexual
19		-	violence, or gender violence, or any crime of violence,
20		-	and to reduce the devastating economic consequences of
21		-	domestic violence, sexual violence, or gender violence, or
22		-	any crime of violence to employers and employees;
23		-	(2) to address the failure of existing laws to protect
24		-	the employment rights of employees who are victims of
25		-	domestic violence, sexual violence, or gender violence, or
26		-	any crime of violence and employees with a family or
	3	+	1 AN ACT concerning employment.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Victims' Economic Security and Safety Act
	7	+	5 is amended by changing Sections 15 and 20 as follows:
	8	+	6 (820 ILCS 180/15)
	9	+	7 Sec. 15. Purposes. The purposes of this Act are:
	10	+	8 (1) to promote the State's interest in reducing
	11	+	9 domestic violence, dating violence, sexual assault, gender
	12	+	10 violence, and stalking, and any crime of violence by
	13	+	11 enabling victims of domestic violence, sexual violence, or
	14	+	12 gender violence, or any crime of violence to maintain the
	15	+	13 financial independence necessary to leave abusive
	16	+	14 situations, achieve safety, and minimize the physical and
	17	+	15 emotional injuries from domestic violence, sexual
	18	+	16 violence, or gender violence, or any crime of violence,
	19	+	17 and to reduce the devastating economic consequences of
	20	+	18 domestic violence, sexual violence, or gender violence, or
	21	+	19 any crime of violence to employers and employees;
	22	+	20 (2) to address the failure of existing laws to protect
	23	+	21 the employment rights of employees who are victims of
	24	+	22 domestic violence, sexual violence, or gender violence, or
	25	+	23 any crime of violence and employees with a family or
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33		-	household member who is a victim of domestic violence,
34		-	sexual violence, or gender violence, or any crime of
35		-	violence by protecting the civil and economic rights of
36		-	those employees, and by furthering the equal opportunity
37		-	of women for economic self-sufficiency and employment free
38		-	from discrimination;
39		-	(3) to accomplish the purposes described in paragraphs
40		-	(1) and (2) by (A) entitling employed victims of domestic
41		-	violence, sexual violence, or gender violence, or any
42		-	crime of violence and employees with a family or household
43		-	member who is a victim of domestic violence, sexual
44		-	violence, or gender violence, or any crime of violence to
45		-	take unpaid leave to seek medical help, legal assistance,
46		-	counseling, safety planning, and other assistance without
47		-	penalty from their employers for the employee or the
48		-	family or household member who is a victim; and (B)
49		-	prohibiting employers from discriminating against any
50		-	employee who is a victim of domestic violence, sexual
51		-	violence, or gender violence, or any crime of violence or
52		-	any employee who has a family or household member who is a
53		-	victim of domestic violence, sexual violence, or gender
54		-	violence, or any crime of violence, in a manner that
55		-	accommodates the legitimate interests of employers and
56		-	protects the safety of all persons in the workplace.
57		-	(Source: P.A. 101-221, eff. 1-1-20.)
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	34	+	1 household member who is a victim of domestic violence,
	35	+	2 sexual violence, or gender violence, or any crime of
	36	+	3 violence by protecting the civil and economic rights of
	37	+	4 those employees, and by furthering the equal opportunity
	38	+	5 of women for economic self-sufficiency and employment free
	39	+	6 from discrimination;
	40	+	7 (3) to accomplish the purposes described in paragraphs
	41	+	8 (1) and (2) by (A) entitling employed victims of domestic
	42	+	9 violence, sexual violence, or gender violence, or any
	43	+	10 crime of violence and employees with a family or household
	44	+	11 member who is a victim of domestic violence, sexual
	45	+	12 violence, or gender violence, or any crime of violence to
	46	+	13 take unpaid leave to seek medical help, legal assistance,
	47	+	14 counseling, safety planning, and other assistance without
	48	+	15 penalty from their employers for the employee or the
	49	+	16 family or household member who is a victim; and (B)
	50	+	17 prohibiting employers from discriminating against any
	51	+	18 employee who is a victim of domestic violence, sexual
	52	+	19 violence, or gender violence, or any crime of violence or
	53	+	20 any employee who has a family or household member who is a
	54	+	21 victim of domestic violence, sexual violence, or gender
	55	+	22 violence, or any crime of violence, in a manner that
	56	+	23 accommodates the legitimate interests of employers and
	57	+	24 protects the safety of all persons in the workplace.
	58	+	25 (Source: P.A. 101-221, eff. 1-1-20.)
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60		-	(820 ILCS 180/20)
61		-	Sec. 20. Entitlement to leave due to domestic violence,
62		-	sexual violence, gender violence, or any other crime of
63		-	violence.
64		-	(a) Leave requirement.
65		-	(1) Basis. An employee who is a victim of domestic
66		-	violence, sexual violence, gender violence, or any other
67		-	crime of violence or an employee who has a family or
68		-	household member who is a victim of domestic violence,
69		-	sexual violence, gender violence, or any other crime of
70		-	violence whose interests are not adverse to the employee
71		-	as it relates to the domestic violence, sexual violence,
72		-	gender violence, or any other crime of violence may take
73		-	unpaid leave from work if the employee or employee's
74		-	family or household member is experiencing an incident of
75		-	domestic violence, sexual violence, gender violence, or
76		-	any other crime of violence or to address domestic
77		-	violence, sexual violence, gender violence, or any other
78		-	crime of violence by:
79		-	(A) seeking medical attention for, or recovering
80		-	from, physical or psychological injuries caused by
81		-	domestic violence, sexual violence, gender violence,
82		-	or any other crime of violence to the employee or the
83		-	employee's family or household member;
84		-	(B) obtaining services from a victim services
85		-	organization for the employee or the employee's family
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88		-	or household member;
89		-	(C) obtaining psychological or other counseling
90		-	for the employee or the employee's family or household
91		-	member;
92		-	(D) participating in safety planning, temporarily
93		-	or permanently relocating, or taking other actions to
94		-	increase the safety of the employee or the employee's
95		-	family or household member from future domestic
96		-	violence, sexual violence, gender violence, or any
97		-	other crime of violence or ensure economic security;
98		-	or
99		-	(E) seeking legal assistance or remedies to ensure
100		-	the health and safety of the employee or the
101		-	employee's family or household member, including
102		-	preparing for or participating in any civil, criminal,
103		-	or military legal proceeding related to or derived
104		-	from domestic violence, sexual violence, gender
105		-	violence, or any other crime of violence; .
106		-	(F) attending the funeral or alternative to a
107		-	funeral or wake of a family or household member who is
108		-	killed in a crime of violence;
109		-	(G) making arrangements necessitated by the death
110		-	of a family or household member who is killed in a
111		-	crime of violence; or
112		-	(H) grieving the death of a family or household
113		-	member who is killed in a crime of violence.
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116		-	(2) Period. Subject to subsection (c) and except as
117		-	provided in paragraph (4) of this subsection, an employee
118		-	working for an employer that employs at least 50 employees
119		-	shall be entitled to a total of 12 workweeks of leave
120		-	during any 12-month period. Subject to subsection (c) and
121		-	except as provided in paragraph (4) of this subsection, an
122		-	employee working for an employer that employs at least 15
123		-	but not more than 49 employees shall be entitled to a total
124		-	of 8 workweeks of leave during any 12-month period.
125		-	Subject to subsection (c) and except as provided in
126		-	paragraph (4) of this subsection, an employee working for
127		-	an employer that employs at least one but not more than 14
128		-	employees shall be entitled to a total of 4 workweeks of
129		-	leave during any 12-month period. The total number of
130		-	workweeks to which an employee is entitled shall not
131		-	decrease during the relevant 12-month period. This Act
132		-	does not create a right for an employee to take unpaid
133		-	leave that exceeds the unpaid leave time allowed under, or
134		-	is in addition to the unpaid leave time permitted by, the
135		-	federal Family and Medical Leave Act of 1993 (29 U.S.C.
136		-	2601 et seq.).
137		-	(3) Schedule. Leave described in paragraph (1) may be
138		-	taken consecutively, intermittently, or on a reduced work
139		-	schedule.
140		-	(4) Exceptions. An employee shall be entitled to use a
141		-	cumulative total of not more than 2 workweeks (10 work
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	69	+	1 (820 ILCS 180/20)
	70	+	2 Sec. 20. Entitlement to leave due to domestic violence,
	71	+	3 sexual violence, gender violence, or any other crime of
	72	+	4 violence.
	73	+	5 (a) Leave requirement.
	74	+	6 (1) Basis. An employee who is a victim of domestic
	75	+	7 violence, sexual violence, gender violence, or any other
	76	+	8 crime of violence or an employee who has a family or
	77	+	9 household member who is a victim of domestic violence,
	78	+	10 sexual violence, gender violence, or any other crime of
	79	+	11 violence whose interests are not adverse to the employee
	80	+	12 as it relates to the domestic violence, sexual violence,
	81	+	13 gender violence, or any other crime of violence may take
	82	+	14 unpaid leave from work if the employee or employee's
	83	+	15 family or household member is experiencing an incident of
	84	+	16 domestic violence, sexual violence, gender violence, or
	85	+	17 any other crime of violence or to address domestic
	86	+	18 violence, sexual violence, gender violence, or any other
	87	+	19 crime of violence by:
	88	+	20 (A) seeking medical attention for, or recovering
	89	+	21 from, physical or psychological injuries caused by
	90	+	22 domestic violence, sexual violence, gender violence,
	91	+	23 or any other crime of violence to the employee or the
	92	+	24 employee's family or household member;
	93	+	25 (B) obtaining services from a victim services
	94	+	26 organization for the employee or the employee's family
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144		-	days) of unpaid leave for the purposes described in
145		-	subparagraphs (F), (G), or (H) of paragraph (1), which
146		-	must be completed within 60 days after the date on which
147		-	the employee receives notice of the death of the victim,
148		-	and is subject to the following:
149		-	(A) Except as provided in subparagraph (2), if an
150		-	employee is also entitled to taken unpaid bereavement
151		-	leave under the Family Bereavement Leave Act as a
152		-	result of the death of the victim, this Act does not
153		-	create a right for the employee to take unpaid
154		-	bereavement leave that exceeds, or is in addition to,
155		-	the unpaid bereavement leave the employee is entitled
156		-	to take under the Family Bereavement Leave Act.
157		-	(B) If an employee is also entitled to take unpaid
158		-	bereavement leave under the Family Bereavement Leave
159		-	Act as a result of the death of the victim, leave taken
160		-	under this Act for the purposes described in
161		-	subparagraphs (F), (G), or (H) of paragraph (1) or
162		-	leave taken under the Family Bereavement Leave Act
163		-	shall be in addition to, and shall not diminish, the
164		-	total amount of leave time an employee is entitled to
165		-	under paragraph (2).
166		-	(C) If an employee is not entitled to unpaid
167		-	bereavement leave under the Family Bereavement Leave
168		-	Act as a result of the death of the victim, leave taken
169		-	for the purposes described in subparagraphs (F), (G),
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172		-	or (H) of paragraph (1) shall be deducted from, and is
173		-	not in addition to, the total amount of leave time an
174		-	employee is entitled to under paragraph (2).
175		-	(D) Leave taken for the purposes described in
176		-	subparagraphs (F), (G), or (H) of paragraph (1) shall
177		-	not otherwise limit or diminish the total amount of
178		-	leave time an employee is entitled to take under
179		-	paragraph (2).
180		-	(b) Notice. The employee shall provide the employer with
181		-	at least 48 hours' advance notice of the employee's intention
182		-	to take the leave, unless providing such notice is not
183		-	practicable. When an unscheduled absence occurs, the employer
184		-	may not take any action against the employee if the employee,
185		-	upon request of the employer and within a reasonable period
186		-	after the absence, provides certification under subsection
187		-	(c).
188		-	(c) Certification.
189		-	(1) In general. The employer may require the employee
190		-	to provide certification to the employer that:
191		-	(A) the employee or the employee's family or
192		-	household member is a victim of domestic violence,
193		-	sexual violence, gender violence, or any other crime
194		-	of violence; and
195		-	(B) the leave is for one of the purposes
196		-	enumerated in paragraph (a)(1).
197		-	The employee shall provide such certification to the
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200		-	employer within a reasonable period after the employer
201		-	requests certification.
202		-	(2) Contents. An employee may satisfy the
203		-	certification requirement of paragraph (1) by providing to
204		-	the employer a sworn statement of the employee, and if the
205		-	employee has possession of such document, the employee
206		-	shall provide one of the following documents:
207		-	(A) documentation from an employee, agent, or
208		-	volunteer of a victim services organization, an
209		-	attorney, a member of the clergy, or a medical or other
210		-	professional from whom the employee or the employee's
211		-	family or household member has sought assistance in
212		-	addressing domestic violence, sexual violence, gender
213		-	violence, or any other crime of violence and the
214		-	effects of the violence;
215		-	(B) a police, court, or military record; or
216		-	(B-5) a death certificate, published obituary, or
217		-	written verification of death, burial, or memorial
218		-	services from a mortuary, funeral home, burial
219		-	society, crematorium, religious institution, or
220		-	government agency, documenting that a victim was
221		-	killed in a crime of violence; or
222		-	(C) other corroborating evidence.
223		-	The employee shall choose which document to submit,
224		-	and the employer shall not request or require more than
225		-	one document to be submitted during the same 12-month
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	105	+	1 or household member;
	106	+	2 (C) obtaining psychological or other counseling
	107	+	3 for the employee or the employee's family or household
	108	+	4 member;
	109	+	5 (D) participating in safety planning, temporarily
	110	+	6 or permanently relocating, or taking other actions to
	111	+	7 increase the safety of the employee or the employee's
	112	+	8 family or household member from future domestic
	113	+	9 violence, sexual violence, gender violence, or any
	114	+	10 other crime of violence or ensure economic security;
	115	+	11 or
	116	+	12 (E) seeking legal assistance or remedies to ensure
	117	+	13 the health and safety of the employee or the
	118	+	14 employee's family or household member, including
	119	+	15 preparing for or participating in any civil, criminal,
	120	+	16 or military legal proceeding related to or derived
	121	+	17 from domestic violence, sexual violence, gender
	122	+	18 violence, or any other crime of violence; .
	123	+	19 (F) attending the funeral or alternative to a
	124	+	20 funeral or wake of a family or household member who is
	125	+	21 killed in a crime of violence;
	126	+	22 (G) making arrangements necessitated by the death
	127	+	23 of a family or household member who is killed in a
	128	+	24 crime of violence; or
	129	+	25 (H) grieving the death of a family or household
	130	+	26 member who is killed in a crime of violence.
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228		-	period leave is requested or taken if the reason for leave
229		-	is related to the same incident or incidents of violence
230		-	or the same perpetrator or perpetrators of the violence.
231		-	(d) Confidentiality. All information provided to the
232		-	employer pursuant to subsection (b) or (c), including a
233		-	statement of the employee or any other documentation, record,
234		-	or corroborating evidence, and the fact that the employee has
235		-	requested or obtained leave pursuant to this Section, shall be
236		-	retained in the strictest confidence by the employer, except
237		-	to the extent that disclosure is:
238		-	(1) requested or consented to in writing by the
239		-	employee; or
240		-	(2) otherwise required by applicable federal or State
241		-	law.
242		-	(e) Employment and benefits.
243		-	(1) Restoration to position.
244		-	(A) In general. Any employee who takes leave under
245		-	this Section for the intended purpose of the leave
246		-	shall be entitled, on return from such leave:
247		-	(i) to be restored by the employer to the
248		-	position of employment held by the employee when
249		-	the leave commenced; or
250		-	(ii) to be restored to an equivalent position
251		-	with equivalent employment benefits, pay, and
252		-	other terms and conditions of employment.
253		-	(B) Loss of benefits. The taking of leave under
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256		-	this Section shall not result in the loss of any
257		-	employment benefit accrued prior to the date on which
258		-	the leave commenced.
259		-	(C) Limitations. Nothing in this subsection shall
260		-	be construed to entitle any restored employee to:
261		-	(i) the accrual of any seniority or employment
262		-	benefits during any period of leave; or
263		-	(ii) any right, benefit, or position of
264		-	employment other than any right, benefit, or
265		-	position to which the employee would have been
266		-	entitled had the employee not taken the leave.
267		-	(D) Construction. Nothing in this paragraph shall
268		-	be construed to prohibit an employer from requiring an
269		-	employee on leave under this Section to report
270		-	periodically to the employer on the status and
271		-	intention of the employee to return to work.
272		-	(2) Maintenance of health benefits.
273		-	(A) Coverage. Except as provided in subparagraph
274		-	(B), during any period that an employee takes leave
275		-	under this Section, the employer shall maintain
276		-	coverage for the employee and any family or household
277		-	member under any group health plan for the duration of
278		-	such leave at the level and under the conditions
279		-	coverage would have been provided if the employee had
280		-	continued in employment continuously for the duration
281		-	of such leave.
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284		-	(B) Failure to return from leave. The employer may
285		-	recover the premium that the employer paid for
286		-	maintaining coverage for the employee and the
287		-	employee's family or household member under such group
288		-	health plan during any period of leave under this
289		-	Section if:
290		-	(i) the employee fails to return from leave
291		-	under this Section after the period of leave to
292		-	which the employee is entitled has expired; and
293		-	(ii) the employee fails to return to work for
294		-	a reason other than:
295		-	(I) the continuation, recurrence, or onset
296		-	of domestic violence, sexual violence, gender
297		-	violence, or any other crime of violence that
298		-	entitles the employee to leave pursuant to
299		-	this Section; or
300		-	(II) other circumstances beyond the
301		-	control of the employee.
302		-	(C) Certification.
303		-	(i) Issuance. An employer may require an
304		-	employee who claims that the employee is unable to
305		-	return to work because of a reason described in
306		-	subclause (I) or (II) of subparagraph (B)(ii) to
307		-	provide, within a reasonable period after making
308		-	the claim, certification to the employer that the
309		-	employee is unable to return to work because of
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	141	+	1 (2) Period. Subject to subsection (c) and except as
	142	+	2 provided in paragraph (4) of this subsection, an employee
	143	+	3 working for an employer that employs at least 50 employees
	144	+	4 shall be entitled to a total of 12 workweeks of leave
	145	+	5 during any 12-month period. Subject to subsection (c) and
	146	+	6 except as provided in paragraph (4) of this subsection, an
	147	+	7 employee working for an employer that employs at least 15
	148	+	8 but not more than 49 employees shall be entitled to a total
	149	+	9 of 8 workweeks of leave during any 12-month period.
	150	+	10 Subject to subsection (c) and except as provided in
	151	+	11 paragraph (4) of this subsection, an employee working for
	152	+	12 an employer that employs at least one but not more than 14
	153	+	13 employees shall be entitled to a total of 4 workweeks of
	154	+	14 leave during any 12-month period. The total number of
	155	+	15 workweeks to which an employee is entitled shall not
	156	+	16 decrease during the relevant 12-month period. This Act
	157	+	17 does not create a right for an employee to take unpaid
	158	+	18 leave that exceeds the unpaid leave time allowed under, or
	159	+	19 is in addition to the unpaid leave time permitted by, the
	160	+	20 federal Family and Medical Leave Act of 1993 (29 U.S.C.
	161	+	21 2601 et seq.).
	162	+	22 (3) Schedule. Leave described in paragraph (1) may be
	163	+	23 taken consecutively, intermittently, or on a reduced work
	164	+	24 schedule.
	165	+	25 (4) Exceptions. An employee shall be entitled to use a
	166	+	26 cumulative total of not more than 2 workweeks (10 work
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312		-	that reason.
313		-	(ii) Contents. An employee may satisfy the
314		-	certification requirement of clause (i) by
315		-	providing to the employer:
316		-	(I) a sworn statement of the employee;
317		-	(II) documentation from an employee,
318		-	agent, or volunteer of a victim services
319		-	organization, an attorney, a member of the
320		-	clergy, or a medical or other professional
321		-	from whom the employee has sought assistance
322		-	in addressing domestic violence, sexual
323		-	violence, gender violence, or any other crime
324		-	of violence and the effects of that violence;
325		-	(III) a police, court, or military record;
326		-	or
327		-	(IV) other corroborating evidence.
328		-	The employee shall choose which document to
329		-	submit, and the employer shall not request or require
330		-	more than one document to be submitted.
331		-	(D) Confidentiality. All information provided to
332		-	the employer pursuant to subparagraph (C), including a
333		-	statement of the employee or any other documentation,
334		-	record, or corroborating evidence, and the fact that
335		-	the employee is not returning to work because of a
336		-	reason described in subclause (I) or (II) of
337		-	subparagraph (B)(ii) shall be retained in the
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340		-	strictest confidence by the employer, except to the
341		-	extent that disclosure is:
342		-	(i) requested or consented to in writing by
343		-	the employee; or
344		-	(ii) otherwise required by applicable federal
345		-	or State law.
346		-	(f) Prohibited acts.
347		-	(1) Interference with rights.
348		-	(A) Exercise of rights. It shall be unlawful for
349		-	any employer to interfere with, restrain, or deny the
350		-	exercise of or the attempt to exercise any right
351		-	provided under this Section.
352		-	(B) Employer discrimination. It shall be unlawful
353		-	for any employer to discharge or harass any
354		-	individual, or otherwise discriminate against any
355		-	individual with respect to compensation, terms,
356		-	conditions, or privileges of employment of the
357		-	individual (including retaliation in any form or
358		-	manner) because the individual:
359		-	(i) exercised any right provided under this
360		-	Section; or
361		-	(ii) opposed any practice made unlawful by
362		-	this Section.
363		-	(C) Public agency sanctions. It shall be unlawful
364		-	for any public agency to deny, reduce, or terminate
365		-	the benefits of, otherwise sanction, or harass any
	171	+
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366	173
367	174
368		-	individual, or otherwise discriminate against any
369		-	individual with respect to the amount, terms, or
370		-	conditions of public assistance of the individual
371		-	(including retaliation in any form or manner) because
372		-	the individual:
373		-	(i) exercised any right provided under this
374		-	Section; or
375		-	(ii) opposed any practice made unlawful by
376		-	this Section.
377		-	(2) Interference with proceedings or inquiries. It
378		-	shall be unlawful for any person to discharge or in any
379		-	other manner discriminate (as described in subparagraph
380		-	(B) or (C) of paragraph (1)) against any individual
381		-	because such individual:
382		-	(A) has filed any charge, or has instituted or
383		-	caused to be instituted any proceeding, under or
384		-	related to this Section;
385		-	(B) has given, or is about to give, any
386		-	information in connection with any inquiry or
387		-	proceeding relating to any right provided under this
388		-	Section; or
389		-	(C) has testified, or is about to testify, in any
390		-	inquiry or proceeding relating to any right provided
391		-	under this Section.
392		-	(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22;
393		-	102-890, eff. 5-19-22.)
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	177	+	1 days) of unpaid leave for the purposes described in
	178	+	2 subparagraphs (F), (G), or (H) of paragraph (1), which
	179	+	3 must be completed within 60 days after the date on which
	180	+	4 the employee receives notice of the death of the victim,
	181	+	5 and is subject to the following:
	182	+	6 (A) Except as provided in subparagraph (2), if an
	183	+	7 employee is also entitled to taken unpaid bereavement
	184	+	8 leave under the Family Bereavement Leave Act as a
	185	+	9 result of the death of the victim, this Act does not
	186	+	10 create a right for the employee to take unpaid
	187	+	11 bereavement leave that exceeds, or is in addition to,
	188	+	12 the unpaid bereavement leave the employee is entitled
	189	+	13 to take under the Family Bereavement Leave Act.
	190	+	14 (B) If an employee is also entitled to take unpaid
	191	+	15 bereavement leave under the Family Bereavement Leave
	192	+	16 Act as a result of the death of the victim, leave taken
	193	+	17 under this Act for the purposes described in
	194	+	18 subparagraphs (F), (G), or (H) of paragraph (1) or
	195	+	19 leave taken under the Family Bereavement Leave Act
	196	+	20 shall be in addition to, and shall not diminish, the
	197	+	21 total amount of leave time an employee is entitled to
	198	+	22 under paragraph (2).
	199	+	23 (C) If an employee is not entitled to unpaid
	200	+	24 bereavement leave under the Family Bereavement Leave
	201	+	25 Act as a result of the death of the victim, leave taken
	202	+	26 for the purposes described in subparagraphs (F), (G),
	203	+
	204	+
	205	+
	206	+
	207	+
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	210	+
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	213	+	1 or (H) of paragraph (1) shall be deducted from, and is
	214	+	2 not in addition to, the total amount of leave time an
	215	+	3 employee is entitled to under paragraph (2).
	216	+	4 (D) Leave taken for the purposes described in
	217	+	5 subparagraphs (F), (G), or (H) of paragraph (1) shall
	218	+	6 not otherwise limit or diminish the total amount of
	219	+	7 leave time an employee is entitled to take under
	220	+	8 paragraph (2).
	221	+	9 (b) Notice. The employee shall provide the employer with
	222	+	10 at least 48 hours' advance notice of the employee's intention
	223	+	11 to take the leave, unless providing such notice is not
	224	+	12 practicable. When an unscheduled absence occurs, the employer
	225	+	13 may not take any action against the employee if the employee,
	226	+	14 upon request of the employer and within a reasonable period
	227	+	15 after the absence, provides certification under subsection
	228	+	16 (c).
	229	+	17 (c) Certification.
	230	+	18 (1) In general. The employer may require the employee
	231	+	19 to provide certification to the employer that:
	232	+	20 (A) the employee or the employee's family or
	233	+	21 household member is a victim of domestic violence,
	234	+	22 sexual violence, gender violence, or any other crime
	235	+	23 of violence; and
	236	+	24 (B) the leave is for one of the purposes
	237	+	25 enumerated in paragraph (a)(1).
	238	+	26 The employee shall provide such certification to the
	239	+
	240	+
	241	+
	242	+
	243	+
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	245	+
	246	+
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	249	+	1 employer within a reasonable period after the employer
	250	+	2 requests certification.
	251	+	3 (2) Contents. An employee may satisfy the
	252	+	4 certification requirement of paragraph (1) by providing to
	253	+	5 the employer a sworn statement of the employee, and if the
	254	+	6 employee has possession of such document, the employee
	255	+	7 shall provide one of the following documents:
	256	+	8 (A) documentation from an employee, agent, or
	257	+	9 volunteer of a victim services organization, an
	258	+	10 attorney, a member of the clergy, or a medical or other
	259	+	11 professional from whom the employee or the employee's
	260	+	12 family or household member has sought assistance in
	261	+	13 addressing domestic violence, sexual violence, gender
	262	+	14 violence, or any other crime of violence and the
	263	+	15 effects of the violence;
	264	+	16 (B) a police, court, or military record; or
	265	+	17 (B-5) a death certificate, published obituary, or
	266	+	18 written verification of death, burial, or memorial
	267	+	19 services from a mortuary, funeral home, burial
	268	+	20 society, crematorium, religious institution, or
	269	+	21 government agency, documenting that a victim was
	270	+	22 killed in a crime of violence; or
	271	+	23 (C) other corroborating evidence.
	272	+	24 The employee shall choose which document to submit,
	273	+	25 and the employer shall not request or require more than
	274	+	26 one document to be submitted during the same 12-month
	275	+
	276	+
	277	+
	278	+
	279	+
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	281	+
	282	+
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	284	+	HB2493 Enrolled - 9 - LRB103 28184 SPS 54563 b
	285	+	1 period leave is requested or taken if the reason for leave
	286	+	2 is related to the same incident or incidents of violence
	287	+	3 or the same perpetrator or perpetrators of the violence.
	288	+	4 (d) Confidentiality. All information provided to the
	289	+	5 employer pursuant to subsection (b) or (c), including a
	290	+	6 statement of the employee or any other documentation, record,
	291	+	7 or corroborating evidence, and the fact that the employee has
	292	+	8 requested or obtained leave pursuant to this Section, shall be
	293	+	9 retained in the strictest confidence by the employer, except
	294	+	10 to the extent that disclosure is:
	295	+	11 (1) requested or consented to in writing by the
	296	+	12 employee; or
	297	+	13 (2) otherwise required by applicable federal or State
	298	+	14 law.
	299	+	15 (e) Employment and benefits.
	300	+	16 (1) Restoration to position.
	301	+	17 (A) In general. Any employee who takes leave under
	302	+	18 this Section for the intended purpose of the leave
	303	+	19 shall be entitled, on return from such leave:
	304	+	20 (i) to be restored by the employer to the
	305	+	21 position of employment held by the employee when
	306	+	22 the leave commenced; or
	307	+	23 (ii) to be restored to an equivalent position
	308	+	24 with equivalent employment benefits, pay, and
	309	+	25 other terms and conditions of employment.
	310	+	26 (B) Loss of benefits. The taking of leave under
	311	+
	312	+
	313	+
	314	+
	315	+
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	317	+
	318	+
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	320	+	HB2493 Enrolled - 10 - LRB103 28184 SPS 54563 b
	321	+	1 this Section shall not result in the loss of any
	322	+	2 employment benefit accrued prior to the date on which
	323	+	3 the leave commenced.
	324	+	4 (C) Limitations. Nothing in this subsection shall
	325	+	5 be construed to entitle any restored employee to:
	326	+	6 (i) the accrual of any seniority or employment
	327	+	7 benefits during any period of leave; or
	328	+	8 (ii) any right, benefit, or position of
	329	+	9 employment other than any right, benefit, or
	330	+	10 position to which the employee would have been
	331	+	11 entitled had the employee not taken the leave.
	332	+	12 (D) Construction. Nothing in this paragraph shall
	333	+	13 be construed to prohibit an employer from requiring an
	334	+	14 employee on leave under this Section to report
	335	+	15 periodically to the employer on the status and
	336	+	16 intention of the employee to return to work.
	337	+	17 (2) Maintenance of health benefits.
	338	+	18 (A) Coverage. Except as provided in subparagraph
	339	+	19 (B), during any period that an employee takes leave
	340	+	20 under this Section, the employer shall maintain
	341	+	21 coverage for the employee and any family or household
	342	+	22 member under any group health plan for the duration of
	343	+	23 such leave at the level and under the conditions
	344	+	24 coverage would have been provided if the employee had
	345	+	25 continued in employment continuously for the duration
	346	+	26 of such leave.
	347	+
	348	+
	349	+
	350	+
	351	+
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	354	+
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	357	+	1 (B) Failure to return from leave. The employer may
	358	+	2 recover the premium that the employer paid for
	359	+	3 maintaining coverage for the employee and the
	360	+	4 employee's family or household member under such group
	361	+	5 health plan during any period of leave under this
	362	+	6 Section if:
	363	+	7 (i) the employee fails to return from leave
	364	+	8 under this Section after the period of leave to
	365	+	9 which the employee is entitled has expired; and
	366	+	10 (ii) the employee fails to return to work for
	367	+	11 a reason other than:
	368	+	12 (I) the continuation, recurrence, or onset
	369	+	13 of domestic violence, sexual violence, gender
	370	+	14 violence, or any other crime of violence that
	371	+	15 entitles the employee to leave pursuant to
	372	+	16 this Section; or
	373	+	17 (II) other circumstances beyond the
	374	+	18 control of the employee.
	375	+	19 (C) Certification.
	376	+	20 (i) Issuance. An employer may require an
	377	+	21 employee who claims that the employee is unable to
	378	+	22 return to work because of a reason described in
	379	+	23 subclause (I) or (II) of subparagraph (B)(ii) to
	380	+	24 provide, within a reasonable period after making
	381	+	25 the claim, certification to the employer that the
	382	+	26 employee is unable to return to work because of
	383	+
	384	+
	385	+
	386	+
	387	+
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	389	+
	390	+
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	393	+	1 that reason.
	394	+	2 (ii) Contents. An employee may satisfy the
	395	+	3 certification requirement of clause (i) by
	396	+	4 providing to the employer:
	397	+	5 (I) a sworn statement of the employee;
	398	+	6 (II) documentation from an employee,
	399	+	7 agent, or volunteer of a victim services
	400	+	8 organization, an attorney, a member of the
	401	+	9 clergy, or a medical or other professional
	402	+	10 from whom the employee has sought assistance
	403	+	11 in addressing domestic violence, sexual
	404	+	12 violence, gender violence, or any other crime
	405	+	13 of violence and the effects of that violence;
	406	+	14 (III) a police, court, or military record;
	407	+	15 or
	408	+	16 (IV) other corroborating evidence.
	409	+	17 The employee shall choose which document to
	410	+	18 submit, and the employer shall not request or require
	411	+	19 more than one document to be submitted.
	412	+	20 (D) Confidentiality. All information provided to
	413	+	21 the employer pursuant to subparagraph (C), including a
	414	+	22 statement of the employee or any other documentation,
	415	+	23 record, or corroborating evidence, and the fact that
	416	+	24 the employee is not returning to work because of a
	417	+	25 reason described in subclause (I) or (II) of
	418	+	26 subparagraph (B)(ii) shall be retained in the
	419	+
	420	+
	421	+
	422	+
	423	+
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	426	+
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	429	+	1 strictest confidence by the employer, except to the
	430	+	2 extent that disclosure is:
	431	+	3 (i) requested or consented to in writing by
	432	+	4 the employee; or
	433	+	5 (ii) otherwise required by applicable federal
	434	+	6 or State law.
	435	+	7 (f) Prohibited acts.
	436	+	8 (1) Interference with rights.
	437	+	9 (A) Exercise of rights. It shall be unlawful for
	438	+	10 any employer to interfere with, restrain, or deny the
	439	+	11 exercise of or the attempt to exercise any right
	440	+	12 provided under this Section.
	441	+	13 (B) Employer discrimination. It shall be unlawful
	442	+	14 for any employer to discharge or harass any
	443	+	15 individual, or otherwise discriminate against any
	444	+	16 individual with respect to compensation, terms,
	445	+	17 conditions, or privileges of employment of the
	446	+	18 individual (including retaliation in any form or
	447	+	19 manner) because the individual:
	448	+	20 (i) exercised any right provided under this
	449	+	21 Section; or
	450	+	22 (ii) opposed any practice made unlawful by
	451	+	23 this Section.
	452	+	24 (C) Public agency sanctions. It shall be unlawful
	453	+	25 for any public agency to deny, reduce, or terminate
	454	+	26 the benefits of, otherwise sanction, or harass any
	455	+
	456	+
	457	+
	458	+
	459	+
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	461	+
	462	+
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	464	+	HB2493 Enrolled - 14 - LRB103 28184 SPS 54563 b
	465	+	1 individual, or otherwise discriminate against any
	466	+	2 individual with respect to the amount, terms, or
	467	+	3 conditions of public assistance of the individual
	468	+	4 (including retaliation in any form or manner) because
	469	+	5 the individual:
	470	+	6 (i) exercised any right provided under this
	471	+	7 Section; or
	472	+	8 (ii) opposed any practice made unlawful by
	473	+	9 this Section.
	474	+	10 (2) Interference with proceedings or inquiries. It
	475	+	11 shall be unlawful for any person to discharge or in any
	476	+	12 other manner discriminate (as described in subparagraph
	477	+	13 (B) or (C) of paragraph (1)) against any individual
	478	+	14 because such individual:
	479	+	15 (A) has filed any charge, or has instituted or
	480	+	16 caused to be instituted any proceeding, under or
	481	+	17 related to this Section;
	482	+	18 (B) has given, or is about to give, any
	483	+	19 information in connection with any inquiry or
	484	+	20 proceeding relating to any right provided under this
	485	+	21 Section; or
	486	+	22 (C) has testified, or is about to testify, in any
	487	+	23 inquiry or proceeding relating to any right provided
	488	+	24 under this Section.
	489	+	25 (Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22;
	490	+	26 102-890, eff. 5-19-22.)
	491	+
	492	+
	493	+
	494	+
	495	+
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