Bill Text: IL HB4871 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Victims' Economic Security and Safety Act. Provides that victims and family members of victims of crimes of violence (in addition to victims of domestic violence, sexual violence, and gender violence) are subject to the provisions of the Act regarding unpaid leave and prohibited discriminatory acts. Amends the Unemployment Insurance Act. Provides that victims of crimes of violence shall not be barred from collecting voluntary leave benefits. Defines terms. Makes other changes.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4871 Detail]

Download: Illinois-2019-HB4871-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4871 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
820 ILCS 180/10
820 ILCS 180/20
820 ILCS 180/25
820 ILCS 180/30
820 ILCS 180/45
820 ILCS 405/601 from Ch. 48, par. 431
Amends the Victims' Economic Security and Safety Act. Provides that victims and family members of victims of crimes of violence (in addition to victims of domestic violence, sexual violence, and gender violence) are subject to the provisions of the Act regarding unpaid leave and prohibited discriminatory acts. Amends the Unemployment Insurance Act. Provides that victims of crimes of violence shall not be barred from collecting voluntary leave benefits. Defines terms. Makes other changes.
LRB101 20489 JLS 70079 b
A BILL FOR
HB4871 LRB101 20489 JLS 70079 b
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 10, 20, 25, 30, and 45 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
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.
(2.5) "Crime of violence" has the same meaning as
provided under Section 2 of the Crime Victims Compensation
Act.

HB4871 - 2 - LRB101 20489 JLS 70079 b
(3) "Department" means the Department of Labor.
(4) "Director" means the Director of Labor.
(5) (Blank). "Domestic violence, sexual violence, or
gender violence" means domestic violence, sexual assault,
gender violence, 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, pager, online
platform (including, but not limited to, any public-facing
website, web application, digital application, or social
network), 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.
(10) "Employer" means any of the following: (A) the

HB4871 - 3 - LRB101 20489 JLS 70079 b
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.
(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
violence, sexual violence, or gender violence, or any other
crime of 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.
(12.5) "Gender violence" means:
(A) one or more acts of violence or aggression
satisfying the elements of any criminal offense under the
laws of this State that are committed, at least in part, on

HB4871 - 4 - LRB101 20489 JLS 70079 b
the basis of a person's actual or perceived sex or gender,
regardless of whether the acts resulted in criminal
charges, prosecution, or conviction;
(B) a physical intrusion or physical invasion of a
sexual nature under coercive conditions satisfying the
elements of any criminal offense under the laws of this
State, regardless of whether the intrusion or invasion
resulted in criminal charges, prosecution, or conviction;
or
(C) a threat of an act described in item (A) or (B)
causing a realistic apprehension that the originator of the
threat will commit the act.
(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
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
violence, sexual violence, or gender violence, or any other
crime of violence.
(15) "Person" means an individual, partnership,
association, corporation, business trust, legal

HB4871 - 5 - LRB101 20489 JLS 70079 b
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:
(i) Article 11 of the Criminal Code of 2012 except Sections
11-35 and 11-45; (ii) Sections 12-13, 12-14, 12-14.1,
12-15, and 12-16 of the Criminal Code of 2012; or (iii) a
similar provision of the Criminal Code of 1961.
(20.5) "Sexual violence" means sexual assault.
(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 violence, sexual violence, or
gender violence, or any other crime of violence. "Victim"
also includes any person described as a victim as defined

HB4871 - 6 - LRB101 20489 JLS 70079 b
under Section 2 of the Crime Victims Compensation Act.
(23) "Victim services organization" means a nonprofit,
nongovernmental organization that provides assistance to
victims of domestic violence, sexual violence, or gender
violence, or any other crime of 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. 101-221, eff. 1-1-20.)
(820 ILCS 180/20)
Sec. 20. Entitlement to leave due to criminal violence
domestic violence, sexual violence, or gender violence.
(a) Leave requirement.
(1) Basis. An employee who is a victim of domestic
violence, sexual violence, or 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, or 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, or
gender violence, or any other crime of violence may take
unpaid leave from work if the employee or employee's family

HB4871 - 7 - LRB101 20489 JLS 70079 b
or household member is experiencing an incident of domestic
violence, sexual violence, or gender violence, or any other
crime of violence or to address domestic violence, sexual
violence, or 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, or 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
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, or 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 or criminal legal

HB4871 - 8 - LRB101 20489 JLS 70079 b
proceeding related to or derived from domestic
violence, sexual violence, or gender violence, or any
other crime of violence.
(2) Period. Subject to subsection (c), 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), 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

HB4871 - 9 - LRB101 20489 JLS 70079 b
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, or 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
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 violence, sexual violence, or

HB4871 - 10 - LRB101 20489 JLS 70079 b
gender violence, or any other crime of 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
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.

HB4871 - 11 - LRB101 20489 JLS 70079 b
(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:
(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

HB4871 - 12 - LRB101 20489 JLS 70079 b
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
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, or
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

HB4871 - 13 - LRB101 20489 JLS 70079 b
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,
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,
or gender violence, or any other crime of
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

HB4871 - 14 - LRB101 20489 JLS 70079 b
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
individual, or otherwise discriminate against any
individual with respect to the amount, terms, or
conditions of public assistance of the individual

HB4871 - 15 - LRB101 20489 JLS 70079 b
(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.)
(820 ILCS 180/25)
Sec. 25. Existing leave usable for addressing criminal
violence domestic violence, sexual violence, or gender
violence. An employee who is entitled to take paid or unpaid

HB4871 - 16 - LRB101 20489 JLS 70079 b
leave (including family, medical, sick, annual, personal, or
similar leave) from employment, pursuant to federal, State, or
local law, a collective bargaining agreement, or an employment
benefits program or plan, may elect to substitute any period of
such leave for an equivalent period of leave provided under
Section 20. The employer may not require the employee to
substitute available paid or unpaid leave for leave provided
under Section 20.
(Source: P.A. 101-221, eff. 1-1-20.)
(820 ILCS 180/30)
Sec. 30. Victims' employment sustainability; prohibited
discriminatory acts.
(a) An employer shall not fail to hire, refuse to hire,
discharge, constructively discharge, or harass any individual,
otherwise discriminate against any individual with respect to
the compensation, terms, conditions, or privileges of
employment of the individual, or retaliate against an
individual in any form or manner, and a public agency shall not
deny, reduce, or terminate the benefits of, otherwise sanction,
or harass any individual, otherwise discriminate against any
individual with respect to the amount, terms, or conditions of
public assistance of the individual, or retaliate against an
individual in any form or manner, because:
(1) the individual involved:
(A) is or is perceived to be a victim of domestic

HB4871 - 17 - LRB101 20489 JLS 70079 b
violence, sexual violence, or gender violence, or any
other crime of violence;
(B) attended, participated in, prepared for, or
requested leave to attend, participate in, or prepare
for a criminal or civil court proceeding relating to an
incident of domestic violence, sexual violence, or
gender violence, or any other crime of violence of
which the individual or a family or household member of
the individual was a victim, or requested or took leave
for any other reason provided under Section 20;
(C) requested an adjustment to a job structure,
workplace facility, or work requirement, including a
transfer, reassignment, or modified schedule, leave, a
changed telephone number or seating assignment,
installation of a lock, or implementation of a safety
procedure in response to actual or threatened domestic
violence, sexual violence, or gender violence, or any
other crime of violence, regardless of whether the
request was granted; or
(D) is an employee whose employer is subject to
Section 21 of the Workplace Violence Prevention Act; or
(2) the workplace is disrupted or threatened by the
action of a person whom the individual states has committed
or threatened to commit domestic violence, sexual
violence, or gender violence, or any other crime of
violence against the individual or the individual's family

HB4871 - 18 - LRB101 20489 JLS 70079 b
or household member.
(b) In this Section:
(1) "Discriminate", used with respect to the terms,
conditions, or privileges of employment or with respect to
the terms or conditions of public assistance, includes not
making a reasonable accommodation to the known limitations
resulting from circumstances relating to being a victim of
domestic violence, sexual violence, or gender violence, or
any other crime of violence or a family or household member
being a victim of domestic violence, sexual violence, or
gender violence, or any other crime of violence of an
otherwise qualified individual:
(A) who is:
(i) an applicant or employee of the employer
(including a public agency); or
(ii) an applicant for or recipient of public
assistance from a public agency; and
(B) who is:
(i) a victim of domestic violence, sexual
violence, or gender violence, or any other crime of
violence; or
(ii) with a family or household member who is a
victim of domestic violence, sexual violence, or
gender violence, or any other crime of violence
whose interests are not adverse to the individual
in subparagraph (A) as it relates to the domestic

HB4871 - 19 - LRB101 20489 JLS 70079 b
violence, sexual violence, or gender violence, or
any other crime of violence;
unless the employer or public agency can demonstrate that
the accommodation would impose an undue hardship on the
operation of the employer or public agency.
A reasonable accommodation must be made in a timely
fashion. Any exigent circumstances or danger facing the
employee or his or her family or household member shall be
considered in determining whether the accommodation is
reasonable.
(2) "Qualified individual" means:
(A) in the case of an applicant or employee
described in paragraph (1)(A)(i), an individual who,
but for being a victim of domestic violence, sexual
violence, or gender violence, or any other crime of
violence or with a family or household member who is a
victim of domestic violence, sexual violence, or
gender violence, or any other crime of violence, can
perform the essential functions of the employment
position that such individual holds or desires; or
(B) in the case of an applicant or recipient
described in paragraph (1)(A)(ii), an individual who,
but for being a victim of domestic violence, sexual
violence, or gender violence, or any other crime of
violence or with a family or household member who is a
victim of domestic violence, sexual violence, or

HB4871 - 20 - LRB101 20489 JLS 70079 b
gender violence, or any other crime of violence, can
satisfy the essential requirements of the program
providing the public assistance that the individual
receives or desires.
(3) "Reasonable accommodation" may include an
adjustment to a job structure, workplace facility, or work
requirement, including a transfer, reassignment, or
modified schedule, leave, a changed telephone number or
seating assignment, installation of a lock, or
implementation of a safety procedure, or assistance in
documenting domestic violence, sexual violence, or gender
violence, or any other crime of violence that occurs at the
workplace or in work-related settings, in response to
actual or threatened domestic violence, sexual violence,
or gender violence, or any other crime of violence.
(4) Undue hardship.
(A) In general. "Undue hardship" means an action
requiring significant difficulty or expense, when
considered in light of the factors set forth in
subparagraph (B).
(B) Factors to be considered. In determining
whether a reasonable accommodation would impose an
undue hardship on the operation of an employer or
public agency, factors to be considered include:
(i) the nature and cost of the reasonable
accommodation needed under this Section;

HB4871 - 21 - LRB101 20489 JLS 70079 b
(ii) the overall financial resources of the
facility involved in the provision of the
reasonable accommodation, the number of persons
employed at such facility, the effect on expenses
and resources, or the impact otherwise of such
accommodation on the operation of the facility;
(iii) the overall financial resources of the
employer or public agency, the overall size of the
business of an employer or public agency with
respect to the number of employees of the employer
or public agency, and the number, type, and
location of the facilities of an employer or public
agency; and
(iv) the type of operation of the employer or
public agency, including the composition,
structure, and functions of the workforce of the
employer or public agency, the geographic
separateness of the facility from the employer or
public agency, and the administrative or fiscal
relationship of the facility to the employer or
public agency.
(c) An employer subject to Section 21 of the Workplace
Violence Prevention Act shall not violate any provisions of the
Workplace Violence Prevention Act.
(Source: P.A. 101-221, eff. 1-1-20.)

HB4871 - 22 - LRB101 20489 JLS 70079 b
(820 ILCS 180/45)
Sec. 45. Effect on other laws and employment benefits.
(a) More protective laws, agreements, programs, and plans.
Nothing in this Act shall be construed to supersede any
provision of any federal, State, or local law, collective
bargaining agreement, or employment benefits program or plan
that provides:
(1) greater leave benefits for victims of domestic
violence, sexual violence, or gender violence, or any other
crime of violence than the rights established under this
Act; or
(2) leave benefits for a larger population of victims
of domestic violence, sexual violence, or gender violence
(as defined in such law, agreement, program, or plan), or
any other crime of violence than the victims of domestic
violence, sexual violence, or gender violence, or any other
crime of violence covered under this Act.
(b) Less protective laws, agreements, programs, and plans.
The rights established for employees who are victims of
domestic violence, sexual violence, or gender violence, or any
other 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 other crime of violence
under this Act shall not be diminished by any federal, State or
local law, collective bargaining agreement, or employment
benefits program or plan.

HB4871 - 23 - LRB101 20489 JLS 70079 b
(Source: P.A. 101-221, eff. 1-1-20.)
Section 10. The Unemployment Insurance Act is amended by
changing Section 601 as follows:
(820 ILCS 405/601) (from Ch. 48, par. 431)
Sec. 601. Voluntary leaving.
A. An individual shall be ineligible for benefits for the
week in which the individual he or she has left work
voluntarily without good cause attributable to the employing
unit and, thereafter, until the individual he or she has become
reemployed and has had earnings equal to or in excess of the
individual's his or her current weekly benefit amount in each
of four calendar weeks which are either for services in
employment, or have been or will be reported pursuant to the
provisions of the Federal Insurance Contributions Act by each
employing unit for which such services are performed and which
submits a statement certifying to that fact.
B. The provisions of this Section shall not apply to an
individual who has left work voluntarily:
1. Because the individual he or she is deemed
physically unable to perform his or her work by a licensed
and practicing physician, or because the individual's
assistance is necessary for the purpose of caring for the
individual's his or her spouse, child, or parent who,
according to a licensed and practicing physician or as

HB4871 - 24 - LRB101 20489 JLS 70079 b
otherwise reasonably verified, is in poor physical or
mental health or is a person with a mental or physical
disability and the employer is unable to accommodate the
individual's need to provide such assistance;
2. To accept other bona fide work and, after such
acceptance, the individual is either not unemployed in each
of 2 weeks, or earns remuneration for such work equal to at
least twice the individual's his or her current weekly
benefit amount;
3. In lieu of accepting a transfer to other work
offered to the individual by the employing unit under the
terms of a collective bargaining agreement or pursuant to
an established employer plan, program, or policy, if the
acceptance of such other work by the individual would
require the separation from that work of another individual
currently performing it;
4. Solely because of the sexual harassment of the
individual by another employee. Sexual harassment means
(1) unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact or other conduct or
communication which is made a term or condition of the
employment or (2) the employee's submission to or rejection
of such conduct or communication which is the basis for
decisions affecting employment, or (3) when such conduct or
communication has the purpose or effect of substantially
interfering with an individual's work performance or

HB4871 - 25 - LRB101 20489 JLS 70079 b
creating an intimidating, hostile, or offensive working
environment and the employer knows or should know of the
existence of the harassment and fails to take timely and
appropriate action;
5. Which the individual he or she had accepted after
separation from other work, and the work which the
individual he or she left voluntarily would be deemed
unsuitable under the provisions of Section 603;
6.(a) Because the individual left work due to verified
domestic violence as defined in Section 103 of the Illinois
Domestic Violence Act of 1986 where the domestic violence
caused the individual to reasonably believe that the
individual's his or her continued employment would
jeopardize the individual's his or her safety or the safety
of the individual's his or her spouse, minor child, or
parent
if the individual provides the following:
(i) notice to the employing unit of the reason for
the individual's voluntarily leaving; and
(ii) to the Department provides:
(A) an order of protection or other
documentation of equitable relief issued by a
court of competent jurisdiction; or
(B) a police report or criminal charges
documenting the domestic violence; or
(C) medical documentation of the domestic

HB4871 - 26 - LRB101 20489 JLS 70079 b
violence; or
(D) evidence of domestic violence from a
member of the clergy, attorney, counselor, social
worker, health worker or domestic violence shelter
worker.
(b) If the individual does not meet the provisions of
subparagraph (a), the individual shall be held to have
voluntarily terminated employment for the purpose of
determining the individual's eligibility for benefits
pursuant to subsection A.
(c) Notwithstanding any other provision to the
contrary, evidence of domestic violence experienced by an
individual, or the individual's his or her spouse, minor
child, or parent, including the individual's statement and
corroborating evidence, shall not be disclosed by the
Department unless consent for disclosure is given by the
individual; .
7. Because, due to a change in location of employment
of the individual's spouse, the individual left work to
accompany the individual's his or her spouse to a place
from which it is impractical to commute or because the
individual left employment to accompany a spouse who has
been reassigned from one military assignment to another.
The employer's account, however, shall not be charged for
any benefits paid out to the individual who leaves work
under a circumstance described in this paragraph; or .

HB4871 - 27 - LRB101 20489 JLS 70079 b
8. Because the individual left work due to an incident
involving a crime of violence in which the individual or a
family member of the individual was a victim. For the
purposes of this paragraph, "crime of violence" and
"victim" have the same meanings as provided under Section 2
of the Crime Victims Compensation Act.
C. Within 90 days of the effective date of this amendatory
Act of the 96th General Assembly, the Department shall
promulgate rules, pursuant to the Illinois Administrative
Procedure Act and consistent with Section 903(f)(3)(B) of the
Social Security Act, to clarify and provide guidance regarding
eligibility and the prevention of fraud.
(Source: P.A. 99-143, eff. 7-27-15.)