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Illinois Expands Domestic and Sexual Violence Leave

10/20/16

Author: TJaeger2/Wednesday, October 19, 2016/Categories: Illinois

Summary:  Effective January 1, 2017, employees who work for an employer with no more than 14 employees will be entitled to 4 workweeks of unpaid leave in any 12-month period to address issues related to domestic or sexual violence.    

Effective Date:  January 1, 2017

Action Required:  Employers should update their leave policies or employee handbooks to include notice of employees’ rights to take leave under the Victims’ Economic Security and Safety Act (“VESSA”), as well as the parameters for the use of such leave.  A sample policy will be available on FormSource in the Handbook Updates Section.


The Victims’ Economic Security and Safety Act (“VESSA”) entitles employees who are victims of domestic or sexual violence or who have family or household members who are victims of such violence to unpaid leave to: 

1.     Seek medical attention for, or recovery from, physical or psychological injuries caused by domestic or sexual violence to the employee or the employee’s family or household member;

2.     Obtain victim services for the employee or employee’s family or household member;

3.     Obtain psychological or other counseling for the employee or the employee’s family or household member;

4.     Participate in safety planning, including temporary or permanent relocation or other actions to increase the safety of the victim from future domestic or sexual violence; or

5.     Seek legal assistance to ensure the health and safety of the victim, including participating in court proceedings related to the violence.

The existing law provides employees with 8 workweeks of unpaid leave in a 12-month period if they work for an employer with 15 to 49 employees and 12 workweeks of unpaid leave in any 12-month period if they work for an employer with 50 or more employees. The recent amendment extends coverage of the Act to employers with at least 1 employee and no more than 14 employees.

Effective January 1, 2017, employees who work for employers with at least 1 and no more than 14 employees will be entitled to 4 workweeks of unpaid leave.  Leave may be taken on a continuous, intermittent, or reduced schedule basis.

For additional information, please contact your Human Resources Business Partner.

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