Bill Amendment: IL HB4036 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: VICTIM ECON SECURITY ALL12WKS

Status: 2016-08-12 - Public Act . . . . . . . . . 99-0765 [HB4036 Detail]

Download: Illinois-2015-HB4036-Senate_Amendment_001.html

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Sen. Toi W. Hutchinson

Filed: 5/26/2016

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AMENDMENT TO HOUSE BILL 4036
AMENDMENT NO. ______. Amend House Bill 4036 by replacing
everything after the enacting clause with the following:
"Section 5. The Victims' Economic Security and Safety Act
is amended by changing Sections 10 and 20 as follows:
(820 ILCS 180/10)
Sec. 10. Definitions. In this Act, except as otherwise
expressly provided:
(1) "Commerce" includes trade, traffic, commerce,
transportation, or communication; and "industry or
activity affecting commerce" means any activity, business,
or industry in commerce or in which a labor dispute would
hinder or obstruct commerce or the free flow of commerce,
and includes "commerce" and any "industry affecting
commerce".
(2) "Course of conduct" means a course of repeatedly

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maintaining a visual or physical proximity to a person or
conveying oral or written threats, including threats
conveyed through electronic communications, or threats
implied by conduct.
(3) "Department" means the Department of Labor.
(4) "Director" means the Director of Labor.
(5) "Domestic or sexual violence" means domestic
violence, sexual assault, or stalking.
(6) "Domestic violence" means abuse, as defined in
Section 103 of the Illinois Domestic Violence Act of 1986,
by a family or household member, as defined in Section 103
of the Illinois Domestic Violence Act of 1986.
(7) "Electronic communications" includes
communications via telephone, mobile phone, computer,
e-mail, video recorder, fax machine, telex, or pager, or
any other electronic communication, as defined in Section
12-7.5 of the Criminal Code of 2012.
(8) "Employ" includes to suffer or permit to work.
(9) Employee.
(A) In general. "Employee" means any person
employed by an employer.
(B) Basis. "Employee" includes a person employed
as described in subparagraph (A) on a full or part-time
basis, or as a participant in a work assignment as a
condition of receipt of federal or State income-based
public assistance.

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(10) "Employer" means any of the following: (A) the
State or any agency of the State; (B) any unit of local
government or school district; or (C) any person that
employs at least one employee 15 employees.
(11) "Employment benefits" means all benefits provided
or made available to employees by an employer, including
group life insurance, health insurance, disability
insurance, sick leave, annual leave, educational benefits,
pensions, and profit-sharing, regardless of whether such
benefits are provided by a practice or written policy of an
employer or through an "employee benefit plan". "Employee
benefit plan" or "plan" means an employee welfare benefit
plan or an employee pension benefit plan or a plan which is
both an employee welfare benefit plan and an employee
pension benefit plan.
(12) "Family or household member", for employees with a
family or household member who is a victim of domestic or
sexual violence, means 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.
(13) "Parent" means 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" means a biological, adopted, or foster child, a

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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.
(14) "Perpetrator" means an individual who commits or
is alleged to have committed any act or threat of domestic
or sexual violence.
(15) "Person" means an individual, partnership,
association, corporation, business trust, legal
representative, or any organized group of persons.
(16) "Public agency" means the Government of the State
or political subdivision thereof; any agency of the State,
or of a political subdivision of the State; or any
governmental agency.
(17) "Public assistance" includes cash, food stamps,
medical assistance, housing assistance, and other benefits
provided on the basis of income by a public agency or
public employer.
(18) "Reduced work schedule" means a work schedule that
reduces the usual number of hours per workweek, or hours
per workday, of an employee.
(19) "Repeatedly" means on 2 or more occasions.
(20) "Sexual assault" means any conduct proscribed by
the Criminal Code of 1961 or the Criminal Code of 2012 in
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
12-13, 12-14, 12-14.1, 12-15, and 12-16.

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(21) "Stalking" means any conduct proscribed by the
Criminal Code of 1961 or the Criminal Code of 2012 in
Sections 12-7.3, 12-7.4, and 12-7.5.
(22) "Victim" or "survivor" means an individual who has
been subjected to domestic or sexual violence.
(23) "Victim services organization" means a nonprofit,
nongovernmental organization that provides assistance to
victims of domestic or sexual violence or to advocates for
such victims, including a rape crisis center, an
organization carrying out a domestic violence program, an
organization operating a shelter or providing counseling
services, or a legal services organization or other
organization providing assistance through the legal
process.
(Source: P.A. 96-635, eff. 8-24-09; 96-1551, eff. 7-1-11;
97-1150, eff. 1-25-13.)
(820 ILCS 180/20)
Sec. 20. Entitlement to leave due to domestic or sexual
violence.
(a) Leave requirement.
(1) Basis. An employee who is a victim of domestic or
sexual violence or an employee who has a family or
household member who is a victim of domestic or sexual
violence whose interests are not adverse to the employee as
it relates to the domestic or sexual violence may take

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unpaid leave from work if the employee or employee's family
or household member is experiencing an incident of domestic
or sexual violence or to address domestic or sexual
violence by:
(A) 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;
(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 or
sexual 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 or criminal legal
proceeding related to or derived from domestic or
sexual violence.
(2) Period. Subject to subsection (c), an employee

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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), 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), 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 intermittently or on a reduced work schedule.
(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).

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(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 or sexual
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 upon
obtaining such 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.
(d) Confidentiality. All information provided to the
employer pursuant to subsection (b) or (c), including a

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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:

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(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

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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 or sexual 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,

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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;
(III) a police or court record; or
(IV) other corroborating evidence.
(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

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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

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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. 96-635, eff. 8-24-09.)
Section 99. Effective date. This Act takes effect January
1, 2017.".