Leave for Victims of Violence
The Illinois Victims’ Economic Security and Safety Act (VESSA) provides that an employee who is a victim of sexual or domestic violence or who has a family or household member (spouse, parent, child, or person residing in the same household) who is a victim of such behavior to take time off of work for the purpose of medical attention, victim services, counseling, safety, planning, legal assistance, or other specified purposes.
A. Length of Leave
VESSA allows an employee to take 12 weeks of leave within any 12-month period. The 12- month period will be calculated by looking forward from the first day of an employee’s VESSA leave. VESSA does not allow an employee to exceed the amount of leave time allowed under FMLA nor does it increase the amount of leave time that can be taken pursuant to FMLA. Therefore, each employee is entitled to 12 weeks of leave for both VESSA and FMLA leave purposes in any 12-month period.
B. Notice Requirements
An employee is required to give 48 hours advance notice of the need for leave under VESSA. If such notice is not practicable, the employee must provide the employer with notice as soon as is reasonably possible.
C. Certification Requirements
The employee may be required to provide certification of the need for leave under VESSA. The certification must state that either the employee or their family or household member is a victim of domestic or sexual violence and that the leave requested is for an approved purpose, such as medical attention, victim services, counseling, safety planning, or legal assistance. The certification can consist of a sworn statement from the employee and, when received, documentation from an employee, agent, or volunteer of an entity providing victim services, counseling, or medical attention, a police or court record, or other corroborating evidence. The certification must be provided within a reasonable period after it is requested.
D. Job Restoration
Upon return from VESSA leave, employees will be returned to the same or an equivalent position. Employees who do not return to work at the end of an authorized leave may be subject to termination.
E. Pay During Leave
Employees must exhaust all accrued paid leave (for example, vacation, and sick leave (if applicable)) when they commence a VESSA leave. When all paid leave has been used, the remainder of the VESSA leave will be unpaid.