DEPARTMENT OF LABOR

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Victims' Economic Security and Safety Act

2) Code Citation: 56 Ill. Adm. Code 280

4) Statutory Authority: 820 ILCS 180

5) Effective Date of Rules: November 2, 2022

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the Adopted Rule, including any material incorporated by reference, is on file in the Department of Labor's Springfield office and is available for public inspection.

9) Notice of Proposal Published in Illinois Register: 46 Ill. Reg. 8014; May 20, 2022

10) Has JCAR issued a Statement of Objections to this Rulemaking? No

11) Differences between Proposal and Final Version: Section 100 was amended to clarify that the leave provided for in the Act is "job-protected;" and that the leave is taken in order to address consequences of an incident of domestic violence, sexual violence, gender violence, or any other crime of violence. Additionally, Section 100 was amended to add the list of protected activities as enumerated in statute; and to state the requirement that employers provide reasonable accommodations in a timely manner to victims. In Section 110, the definition of "employer" was amended to reflect statute. In Section 210, the URL of the online complaint form was added; and the Department's email address was added. Other grammatical and stylistic changes were made.

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the agreements issued by JCAR? No changes requested.

13) Will this rulemaking replace any emergency rule currently in effect? No

14) Are there any rulemakings pending on this Part? No

15) Summary and Purpose of Rulemaking: This Rulemaking implements Public Act 102487, expanding the protections of the Act to victims of gender violence and any other crime of violence (currently, domestic violence and sexual violence.) This rulemaking also incorporates a statutory change expanding the scope of the Act to employers who employ at least one employee; requiring employees to submit a signed statement affirming that they, or their family or household member, are a victim of violence; and to submit supporting documentation if it is available; and fixes a spelling error.

16) Information and questions regarding this adopted rule shall be directed to:

Anna Koeppel
Legislative Director
Illinois Department of Labor
524 South 2nd Street, Suite 400
Springfield, Illinois 62701

(217) 558-1270
Anna.Koeppel@illinois.gov

The full text of the Adopted Amendments begins on the next page:

TITLE 56: LABOR AND EMPLOYMENT

CHAPTER I: DEPARTMENT OF LABOR

SUBCHAPTER b: REGULATION OF WORKING CONDITIONS

PART 280

VICTIMS' ECONOMIC SECURITY AND SAFETY ACT

SUBPART A: GENERAL PROVISIONS

SUBPART B: COMPLAINT

SUBPART C: PROCEDURE IMMEDIATELY AFTER COMPLAINT

SUBPART D: ADMINISTRATIVE CASE REVIEW

SUBPART E: FORMAL ADMINISTRATIVE HEARING

AUTHORITY: Implementing the Victims' Economic Security and Safety Act of 2003 [820 ILCS 180].

SOURCE: Adopted by emergency rulemaking at 28 Ill. Reg. 1017, effective December 29, 2003; adopted at 28 Ill. Reg. 7626, effective May 24, 2004; amended at 30 Ill. Reg. 6157, effective March 23, 2006; amended at 34 Ill. Reg. 19546, effective December 3, 2010; amended at 46 Ill. Reg. 18530, effective November 2, 2022.

SUBPART A: GENERAL PROVISIONS

Section 280.100 Purpose and Scope

This Part shall apply to complaints claims arising under the Victims' Economic Security and Safety Act [820 ILCS 180]. The purpose of the Act is:

a) to allow employees who are victims of domestic violence, sexual violence, gender violence, or any other crime of violence, or who have a family or household member who is a victim of domestic violence, sexual violence, 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, gender violence, or any other crime of violence to take unpaid job-protected leave if the employee or the employee's family or household member is experiencing an incident of domestic violence, sexual violence, gender violence, or any other crime of violence or to seek medical attention for or to address the incident of domestic violence, sexual violence, gender violence, or any other crime of violence by recovering from physical or psychological injuries; obtaining services from a victim services organization; obtaining counseling; participating in safety planning; temporarily or permanently relocating; seeking legal assistance; preparing for or participating in any legal proceeding related to or derived from domestic violence, sexual violence, gender violence, or any other crime of violence; or taking other actions to ensure the health, safety, or economic security of the employee or employee's family or household member to allow employees who are victims of domestic or sexual violence or who have family or household members who are victims of domestic or sexual violence to take unpaid leave to seek medical help, legal assistance, counseling, safety planning, and other assistance; and

b) to prohibit employers from discriminating against employees who are victims of domestic violence, sexual violence, gender violence, or any other crime of violence or who have a family or household member who is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence. [820 ILCS 180/20(a)(3)]; and victims of domestic or sexual violence or who have family or household members who are victims of domestic or sexual violence.

c) to require employers to provide reasonable accommodations in a timely manner to employees who are victims of domestic violence, sexual violence, gender violence, or any other crime of violence or who have a family or household member who is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence.

(Source: Amended at 46 Ill. Reg. 18530, effective November 2, 2022)

Section 280.110 Definitions

"Act" means the Victims' Economic Security and Safety Act (VESSA) [820 ILCS 180].

"Certification", as used in Section 20(c) of the Act, means a signed, written sworn statement of an the employee certifying to the employee's employer that:

the employee or the employee's family or household member is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence; and

the leave is for one of the purposes enumerated in Section 20(a)(1) of the Act. [820 ILCS 180/20(c)(2)]

If the employee possesses documentation, records, or other corroborating evidence to support the certified statement, the employee shall provide at least one such supporting document to the employer. The employer cannot require the employee or the employee's family or household member to obtain any documentation, records, or other corroborating evidence that is not in the employee's possession. The employee shall choose which document to submit, and the employer shall not request or require more than one document to be submitted during the same 12-month period leave is requested or taken if the reason for leave is related to the same incident or incidents of violence or the same perpetrator or perpetrators of the violence.

Upon obtaining supporting documents from the following sources, the employee shall provide:

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;

a police or court record; or

other corroborating evidence. (Section 20(c)(2) of the Act)

"Complaint" means an allegation of a violation of the Act filed with the Department.

"Complainant" means a person who files a complaint.

"Department" means the Illinois Department of Labor or a duly authorized representative.

"Director" means the Director of the Illinois Department of Labor or the Director's designee a duly authorized representative.

"Employee" means any person suffered or permitted to work by an employer, including on a full-time 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.

"Employer" means

the State or any agency of the State;

any unit of local government or school district; or

any person that employs at least one employee.

Evidence that may be submitted to support a certified statement means the following:

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, gender violence, or any other crime of violence and the effects of the violence;

a police or court record; or

other corroborating evidence. [820 ILCS 180/20(c)(2)]

"FMLA" means the federal Family and Medical Leave Act of 1993 (29 U.S.C. USC 2601 et seq.).

"Public hearing" means a formal administrative hearing conducted pursuant to 56 Ill. Adm. Code 120.

"Respondent" means an employer against whom a complaint is filed. (Source: Amended at 46 Ill. Reg. 18530, effective November 2, 2022)

Section 280.120 Application of the Act

a) All individuals, regardless of gender, Men and women have equal protection under the Act.

b) The Department will investigate assist an individual with a complaint claim when:

1) The complaint claim concerns work performed within the State of Illinois, but not when the complaint claim concerns sporadic work performed in the State of Illinois for an employer located outside of Illinois.

2) The complaint claim concerns work performed outside the State of Illinois if the specified employer is located within the State of Illinois or the contract for hire was entered into in the this State of Illinois, but not when the complaint claim is filed by an employee whose permanent work station was outside the State of Illinois and who performed a substantial portion of the employee's his/her duties outside the State of Illinois.

c) In any calendar month that an employer is subject to the prescriptions of the Act, including, without limitation, providing leave or reasonable accommodation accomodation and prohibitions against discriminatory acts and retaliation against an employee, the employer shall continue to be subject to the Act and this Part for the following 12 months.

(Source: Amended at 46 Ill. Reg. 18530, effective November 2, 2022)

SUBPART B: COMPLAINT

Section 280.210 Requirements for Filing a Complaint

a) A complaint shall be filed on a form to be supplied by the Department. This form can be found at https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/vessa.aspx. Such form shall name the respondent, shall be signed by the complainant and shall be accurately completed alleging the violation of the Act being reported requesting to be reviewed. The form may have attached copies of all supporting documentation.

b)All complaints and amendments to any complaint shall be delivered, by U.S. mail or personal delivery, to the Department's Chicago office at 160 N. LaSalle St., Suite C-1300, Chicago, IL 60601, or submitted electronically to the Department at dol.questions@illinois.gov, within three years after the alleged violation of the Act occurred occurs. The complaint shall be deemed filed as of the date it is postmarked on the envelope if sent via U.S. mail or date stamped as received by the Department if submitted by personal delivery or electronic means.

(Source: Amended at 46 Ill. Reg. 18530, effective November 2, 2022)