ILLINOIS DOMESTIC VIOLENCE ACT BOOKLET CONTENT

Chapter 3--Continued

Editorial:  When a child is born to unmarried parents in Illinois, the hospital is required to ask the mother if she would like to fill out legal papers to establish paternity of the child.  If the mother would like to establish paternity at that time, she and the father must sign the Voluntary Acknowledgment of Paternity form in front of two witnesses.  The form then goes to the State Registrar of Vital Records that will place the father's name on the birth certificate.  Once the form is signed, the mother and father no longer have any right to genetic testing, and they are bound by the paternity decision even if they did not consult an attorney before signing the form.

    An unmarried father can no longer have his name added to a child's birth certificate unless he signs this Paternity form along with the mother (or if there is a court order establishing paternity).

    This process eliminates the court process.  If the mother and the father sign this Voluntary Acknowledgment of Paternity form at the hospital (or other location like Head Start or the Public Aid office), paternity is automatically established without either party ever going to court and without any court order ever being entered.

    The law presumes a woman's husband is the father of her child so long as they were married at the time of conception or birth of the child.  If the husband is not the father, the voluntary acknowledgment process attempts to have all 3 people (mom, her husband, and biological dad) take the proper steps to establish biological dad's paternity with the child.  The mother and her husband must both sign Public Aid's Denial of Paternity form.  Then, the mother and the biological father must sign the Voluntary Acknowledgment of Paternity form that automatically establishes paternity.

    Either party can withdraw their acknowledgment of paternity by signing a Request for Rescission form in front of a witness within 60 days. After the 60 days have passed, the party wanting to withdraw the consent must challenge paternity in court on the basis of fraud, duress, or material mistake of fact.

    This law has been in effect since August 1996.  The purpose of the law is to make it easier for unwed parents to establish paternity without ever having to go to court.  The form can be signed for any child at any time.

    In the Paternity statute at 750 ILCS 45/5(a)(4), (b), the Voluntary Acknowledgment of Paternity process is mentioned.  

* * *

    (4) Unless otherwise provided in this Act, if the mother was not married to the father of the child at either the time of conception or the time of birth, the name of the father shall be entered on the child's birth certificate only if the mother and the person to be named as the father have signed an acknowledgment of parentage in accordance with subsection (5).

    Unless otherwise provided in this Act, if the mother was married at the time of conception or birth and the presumed father (that is, the mother's husband) is not the biological father of the child, the name of the biological father shall be entered on the child's birth certificate only if, in accordance with subsection (5), (i) the mother and the person to be named as the father have signed an acknowledgment of parentage and (ii) the mother and presumed father have signed a denial of paternity.

    (5)  Upon the birth of a child to an unmarried woman, or upon the birth of a child to a woman who was married at the time of conception or birth and whose husband is not the biological father of the child, the institution at the time of birth and the local registrar or county clerk after the birth shall do the following:

        (a) Provide (i) an opportunity for the child's mother and father to sign an acknowledgment of parentage and (ii) if the presumed father is not the biological father, an opportunity for the mother and presumed father to sign a denial of paternity.  The signing and witnessing of the acknowledgment of parentage or, if the presumed father of the child is not the biological father, the acknowledgment of parentage and denial of paternity conclusively establishes a parent and child relationship in accordance with Sections 5 and 6 of the Illinois Parentage Act of 1984.

    The Illinois Department of Public Aid shall furnish the acknowledgment of parentage and denial of paternity form to institutions, county clerks, and State and local registrars offices.  The form shall include instructions to send the original signed and witnessed acknowledgment of parentage and denial of paternity to the Illinois Department of Public Aid.

* * *

    (6) The institution, State or local registrar, or county clerk shall provide an opportunity for the child's father or mother to sign a rescission of parentage.  The signing and witnessing of the rescission of parentage voids the acknowledgment of parentage and nullifies the presumption of paternity if executed and filed with the Illinois Department of Public Aid within the time frame contained in Section 5 of the Illinois Parentage Act of 1984.  The Illinois Department of Public Aid shall furnish the rescission of parentage form to institutions, county clerks, and State and local registrars' offices.  The form shall include instructions to send the original signed and witnessed rescission of parentage to the Illinois Department of Public Aid.

    (7) An acknowledgment of paternity signed pursuant to Section 6 of the Illinois Parentage Act of 1984 may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party.  Pending outcome of a challenge to the acknowledgment of paternity, the legal responsibilities of the signatories shall remain in full force and effect, except upon order of the court upon a showing of good cause.

* * *

Rights to sue and be sued (spouses can sue each other)
(750 ILCS 65/1)

    A married person may, in all cases, sue and be sued without joining his or her spouse as if unmarried.  A husband or wife may sue the other for a tort committed during the marriage.  No finding by any court under Section 401 of the Illinois Marriage and Dissolution of Marriage Act shall be admissible or be used as prima facie evidence of a tort in any civil action brought under this Act.  An attachment or judgment in an action may be enforced by or against a married person as if unmarried.

Domestic violence: order of protection
(405 ILCS 5/3-820)

    An order of protection, as defined in the Illinois Domestic Violence Act of 1986, as enacted by the 84^th General Assembly, may be issued in conjunction with a proceeding for involuntary commitment if the petition for an order of protection alleges that a person who is party to or the subject of the proceeding has been abused by or has abused a  family or household member.  The Illinois Domestic Violence Act of 1986 shall govern the issuance, enforcement and recording of order of protection issued  under this Section.

Domestic violence: order of protection (for a minor) 
(755 ILCS 5/11-9)

    An order of protection, as defined in the Illinois Domestic Violence Act of 1986, enacted by the 84^th General Assembly, may be issued in conjunction with a proceeding for appointment of a guardian for a minor if the petition for an order of protection alleges that a person who is party to or the subject of the proceeding has been abused by or has abused a family or household member.  The Illinois Domestic Violence Act of 1986 shall govern the issuance, enforcement and recording of orders of protection issued under this Section.

Domestic violence: order of protection (for a disabled person)
(755 ILCS 5/11a-10.1)

    An order of protection, as defined in the Illinois Domestic Violence Act of 1986, as amended, may be issued in conjunction with a proceeding for adjudication of disability and appointment of guardian if the petition for an order of protection alleges that a person who is party to or the subject of the proceeding has been abused by or has abused a family or household member or has been neglected or exploited as defined in the Illinois Domestic Violence Act of 1986, as amended.

    If the subject of the order of protection is a high-risk adult with disabilities for whom a guardian has been appointed, the court may appoint a temporary substitute guardian under the provisions of this Act. The court shall appoint a temporary substitute guardian if the appointed guardian is named as a respondent in a petition for an order of protection under the Illinois Domestic Violence Act of 1986, as amended.  The Illinois Domestic Violence Act of 1986 shall govern the issuance, enforcement and recording of orders of protection issued under this Section.

Editorial:   Also see in the booklet mediation restrictions in
      (1)    Enforcement of Visitation Orders 750 ILCS 5/607.1(c) (4)
      (2)    Joint Custody 750 ILCS 5/602.1 (b) and
      (3)  Conciliation/Mediation 750ILCS 5/404 (b).
 

Mediation Programs: Supreme Court Rule 99

(a) Applicability to Circuits. Mediation programs may be undertaken and conducted in those judicial circuits which, with the approval of the Supreme Court, elect to utilize this procedure and in such other circuits as directed by the Supreme Court.

(b) Local Rules.

(1) Each judicial circuit electing to establish a mediation program shall adopt rules for the conduct of the mediation proceedings. A person approved by the circuit to act as a mediator under these rules shall have judicial immunity in the same manner and to the same extent as a judge. Prior to the establishment of such a program, the Chief Judge of the circuit shall submit to the Supreme Court for its review and approval, through its Administrative Office, rules governing the operation of the circuit's program. A circuit operating a mediation program on the effective date of this Rule may continue the program for one year after the effective date of this Rule, but must, within 90 days of the effective date of this Rule, submit for the Supreme Court's review and approval the rules under which the mediation program is operating. Any amendments to approved local rules must be submitted to the Administrative Office for review and approval prior to implementation.

(2) At a minimum, the local circuit court rules shall address:

(i) Actions eligible for referral to mediation;
(ii) Appointment, qualifications and compensation of the mediators;
(iii) Scheduling of the mediation conferences;
(iv) Conduct of the conferences;
(v) Discovery;
(vi) Absence of party at the conference and sanctions;
(vii) Termination and report of mediation conference;
(viii) Finalization of agreement;
(ix) Confidentiality;
(x) Mechanism for reporting to the Supreme Court on the mediation program.

    (a)  Whenever, in any action affecting property or status within the jurisdiction of the court, including an action to obtain the specific performance, reformation, or rescission of a contract for the conveyance of land, plaintiff or his or her attorney shall file, at the office of the clerk of the court in which the action is pending, an affidavit showing that the defendant resides or has gone out of this State, or on due inquiry cannot be found, or is concealed within this State, so that process cannot be served upon him or her, and stating the place of residence of the defendant, if known, or that upon diligent inquiry his or her place of residence cannot be ascertained, the clerk shall cause publication to be made in some newspaper published in the county in which the action is pending.  If there is no newspaper published in that county, then the publication shall be in a newspaper published in an adjoining county in this State, having a circulation in the county in which action is pending. The publication shall contain notice of the pendency of the action, the title of the court, the title of the case, showing the names of the first named plaintiff and the first named defendant, the number of the case, the names of the parties to be served by publication, and the date on or after which default may be entered against such party.  The clerk shall also, within 10 days of the first publication of the notice, send a copy thereof by mail, addressed to each defendant whose place of residence is stated in such affidavit. The certificate of the clerk that he or she has sent the copy in pursuance of this Section is evidence that he or she has done so.

    (b)  In any action brought by a unit of local government to cause the demolition, repair, or enclosure of a dangerous and unsafe or uncompleted or abandoned building, notice by publication under this Section may be commenced during the time during which attempts are made to locate the defendant for personal service.  In that case, the unit of local government shall file with the clerk an affidavit stating that the action meets the requirements of this subsection and that all required attempts are being made to locate the defendant.  Upon the filing of the affidavit, the clerk shall cause publication to be made under this Section. Upon completing the attempts to locate the defendant required by this Section, the municipality shall file with the clerk an affidavit meeting the requirements of  subsection (a).  Service under this subsection shall not be deemed to have been made until the affidavit is filed and service by publication in the manner prescribed in subsection (a) is completed.

    (a) Previous notice shall be given of the intended application by publishing a notice thereof in some newspaper published in the municipality in which the person resides if the municipality is in a county with a population under 2,000,000, or if the person does not reside in a municipality in a county with a population under 2,000,000, or if no newspaper is published in the municipality or if the person resides in a county with a population of 2,000,000 or more, then in some newspaper published in the county where the person resides, or if no newspaper is published in that county, then in some convenient newspaper published in this State.  The notice shall be inserted for 3 consecutive weeks, the first insertion to be at least 6 weeks before the return day upon which the petition is to be filed, and shall be signed by the petitioner or, in case of a minor, the minor's parent or guardian, and shall set forth the return day of court on which the petition is to be filed and the name sought to be assumed.

    (b) The publication requirement of subsection (a) shall not be required in any application for a change of name involving a minor if, before making judgment under this Article, reasonable notice and opportunity to be heard is given to any parent whose parental rights have not been previously terminated and to any person who has physical custody of the child.  If any of these persons are outside this State, notice and opportunity to be heard shall be given under Section 21-104.

    (c) The Director of State Police or his or her designee may apply to the circuit court for an order directing that the notice and publication requirements of this Section be waived if the Director or his or her designee certifies that the name change being sought is intended to protect a witness during and following a criminal investigation or proceeding.

Chapter 4
Victims' Economic Security and Safety Act
(VESSA)

    This Act may be cited as the Victims' Economic Security and Safety Act.  

The General Assembly finds and declares the following:
        (1) Domestic and sexual violence affects many persons without regard to age, race, educational level, socioeconomic status, religion, or occupation.

        (2) Domestic and sexual violence has a devastating effect on individuals, families, communities and the workplace.

        (3) Domestic violence crimes account for approximately 15% of total crime costs in the United States each year.

        (4) Violence against women has been reported to be the leading cause of physical injury to women. Such violence has a devastating impact on women's physical and emotional health and financial security.

        (5) According to recent government surveys, from 1993 through 1998 the average annual number of violent victimizations committed by intimate partners was 1,082,110, 87% of which were committed against women.

        (6) Female murder victims were substantially more likely than male murder victims to have been killed by an intimate partner. About one‑third of female murder victims, and about 4% of male murder victims, were killed by an intimate partner.

        (7) According to recent government estimates, approximately 987,400 rapes occur annually in the United States, 89% of the rapes are perpetrated against female victims.

        (8) Approximately 10,200,000 people have been stalked at some time in their lives. Four out of every 5 stalking victims are women. Stalkers harass and terrorize their victims by spying on the victims, standing outside their places of work or homes, making unwanted phone calls, sending or leaving unwanted letters or items, or vandalizing property.

        (9) Employees in the United States who have been victims of domestic violence, dating violence, sexual assault, or stalking too often suffer adverse consequences in the workplace as a result of their victimization.

        (10) Victims of domestic violence, dating violence, sexual assault, and stalking face the threat of job loss and loss of health insurance as a result of the illegal acts of the perpetrators of violence.

        (11) The prevalence of domestic violence, dating violence, sexual assault, stalking, and other violence against women at work is dramatic. Approximately 11% of all rapes occur in the workplace. About 50,500 individuals, 83% of whom are women, were raped or sexually assaulted in the workplace each year from 1992 through 1996. Half of all female victims of violent workplace crimes know their attackers. Nearly one out of 10 violent workplace incidents is committed by partnes or spouses.

        (12) Homicide is the leading cause of death for women on the job. Husbands, boyfriends, and ex‑partners commit 15% of workplace homicides against women.

        (13) Studies indicate that as much as 74% of employed battered women surveyed were harassed at work by their abusive partners.

        (14) According to a 1998 report of the U.S. General Accounting Office, between one‑fourth and one‑half of domestic violence victims surveyed in 3 studies reported that the victims lost a job due, at least in part, to domestic violence.

        (15) Women who have experienced domestic violence or dating violence are more likely than other women to be unemployed, to suffer from health problems that can affect employability and job performance, to report lower personal income, and to rely on welfare.

        (16) Abusers frequently seek to control their partners by actively interfering with their ability to work, including preventing their partners from going to work, harassing their partners at work, limiting the access of their partners to cash or transportation, and sabotaging the child care arrangements of their partners.

        (17) More than one‑half of women receiving welfare have been victims of domestic violence as adults and between one‑fourth and one‑third reported being abused in the last year.

        (18) Sexual assault, whether occurring in or out of the workplace, can impair an employee's work performance, require time away from work, and undermine the employee's ability to maintain a job. Almost 50% of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults.

        (19) More than one‑fourth of stalking victims report losing time from work due to the stalking and 7% never return to work.

        (20) (A) According to the National Institute of Justice, crime costs an estimated $450,000,000,000 annually in medical expenses, lost earnings, social service costs, pain, suffering, and reduced quality of life for victims, which harms the Nation's productivity and drains the Nation's resources. (B) Violent crime accounts for $426,000,000,000 per year of this amount. (C) Rape exacts the highest costs per victim of any criminal offense, and accounts for $127,000,000,000 per year of the amount described in subparagraph (A).

        (21) The Bureau of National Affairs has estimated that domestic violence costs United States employers between $3,000,000,000 and $5,000,000,000 annually in lost time and productivity. Other reports have estimated that domestic violence costs United States employers $13,000,000,000 annually.

        (22) United States medical costs for domestic violence have been estimated to be $31,000,000,000 per year.

        (23) Ninety‑four percent of corporate seurity and safety directors at companies nationwide rank domestic violence as a high security concern.

        (24) Forty‑nine percent of senior executives recently surveyed said domestic violence has a harmful effect on their company's productivity, 47% said domestic violence negatively affects attendance, and 44% said domestic violence increases health care costs.

        (25) Employees, including individuals participating in welfare to work programs, may need to take time during business hours to:

            (A) obtain orders of protection;
            (B) seek medical or legal assistance, counseling, or other services; or

            (C) look for housing in order to escape from domestic violence.

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.

        (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" includes acts or threats of violence, not including acts of self defense, as defined in subdivision (3) of Section 103 of the Illinois Domestic Violence Act of 1986, sexual assault, or death to the person, or the person's family or household member, if the conduct causes the specific person to have such distress or fear.

        (7) "Electronic communications" includes communications via telephone, mobile phone, computer, e‑mail, video recorder, fax machine, telex, or pager.

        (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 State or any agency of the State; (B) any unit of local government or school district; or (C) any person that employs at least 50 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, and pensions, 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" means a spouse, parent, son, 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 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 theState 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 in Sections 12‑13, 12‑14, 12‑14.1, 12‑15, and 12‑16.

        (21) "Stalking" means any conduct proscribed by the Criminal Code of 1961 in Sections 12‑7.3 and 12‑7.4.

        (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.

The purposes of this Act are:

        (1) to promote the State's interest in reducing domestic violence, dating violence, sexual assault, and stalking by enabling victims of domestic or sexual violence to maintain the financial independence necessary to leave abusive situations, achieve safety, and minimize the physical and emotional injuries from domestic or sexual violence, and to reduce the devastating economic consequences of domestic or sexual violence to employers and employees;

        (2) to address the failure of existing laws to protect the employment rights of employees who are victims of domestic or sexual violence and employees with a family or household member who is a victim of domestic or sexual violence, by protecting the civil and economic rights of those employees, and by furthering the equal opportunity of women for economic self‑sufficiency and employment free from discrimination;

        (3) to accomplish the purposes described in paragraphs (1) and (2) by entitling employed victims of domestic or

        (3) to accomplish the purposes described in sexual violence to take unpaid leave to seek medical help, legal assistance, counseling, safety planning, and other assistance without penalty from their employers.

    (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 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 unpaid leave from work 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 shall be entitled to a total of 12 workweeks of leave during any 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, 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 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 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:

                (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 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, 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 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 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. 93‑591, eff. 8‑25‑03.)
 

    (820 ILCS 180/25)
    Sec. 25. Existing leave usable for addressing domestic or sexual violence. An employee who is entitled to take paid or unpaid 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.
(Source: P.A. 93‑591, eff. 8‑25‑03.)

    (820 ILCS 180/30)
    Sec. 30. Victims' employment sustainability; prohibited discriminatory acts.
    (a) An employer shall not fail to hire, refuse to hire, 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 or sexual 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 or sexual violence of which the individual or a family or household member of the individual was a victim; or

            (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 or sexual violence, regardless of whether the request was granted; 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 or sexual violence against the individual or the individual's family 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 or sexual violence or a family or household member being a victim of domestic or sexual 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 or sexual violence; or

                (ii) with a family or household member who is a victim of domestic or sexual violence whose interests are not adverse to the individual in subparagraph (A) as it relates to the domestic or sexual 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.

        (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 or sexual violence or with a family or household member who is a victim of domestic or sexual 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 or sexual violence or with a family or household member who is a victim of domestic or sexual 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, in response to actual or threatened domestic or sexual 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;

                (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.

(Source: P.A. 93‑591, eff. 8‑25‑03.)

    (820 ILCS 180/35)
    Sec. 35. Enforcement.
    (a) Department of Labor.
        (1) The Director or his or her authorized representative shall administer and enforce the provisions of this Act. Any employee or a representative of employees who believes his or her rights under this Act have been violated may, within 3 years after the alleged violation occurs, file a complaint with the Department requesting a review of the alleged violation. A copy of the complaint shall be sent to the person who allegedly committed the violation, who shall be the respondent. Upon receipt of a complaint, the Director shall cause such investigation to be made as he or she deems appropriate. The investigation shall provide an opportunity for a public hearing at the request of any party to the review to enable the parties to present information relating to the alleged allegation. The parties shall be given written notice of the time and place of the hearing at least 7 days before the hearing. Upon receiving the report of the investigation, the Director shall make findings of fact. If the Director finds that a violation did occur, he or she shall issue a decision incorporating his or her findings and requiring the party committing the violation to take such affirmative action to abate the violation as the Director deems appropriate, including:

            (A) damages equal to the amount of wages, salary, employment benefits, public assistance, or other compensation denied or lost to such individual by reason of the violation, and the interest on that amount calculated at the prevailing rate;

            (B) such equitable relief as may be appropriate, including but not limited to hiring, reinstatement, promotion, and reasonable accommodations; and

            (C) reasonable attorney's fees, reasonable expert witness fees, and other costs of the action to be paid by the respondent to a prevailing employee.  If the Director finds that there was no violation, he or she shall issue an order denying the complaint. An order issued by the Director under this Section shall be final and subject to judicial review under the Administrative Review Law.

        (2) The Director shall adopt rules necessary to administer and enforce this Act in accordance with the Illinois Administrative Procedure Act. The Director shall have the powers and the parties shall have the rights provided in the Illinois Administrative Procedure Act for contested cases, including, but not limited to, provisions for depositions, subpoena power and procedures, and discovery and protective order procedures.

        (3) Intervention. The Attorney General of Illinois may intervene on behalf of the Department if the Department certifies that the case is of general public importance. Upon such intervention the court may award such relief as is authorized to be granted to an employee who has filed a complaint or whose representative has filed a complaint under this Section.

    (b) Refusal to pay damages. Any employer who has been ordered by the Director of Labor or the court to pay damages under this Section and who fails to do so within 30 days after the order is entered is liable to pay a penalty of 1% per calendar day to the employee for each day of delay in paying the damages to the employee.
(Source: P.A. 93‑591, eff. 8‑25‑03.)

    (820 ILCS 180/40)
    Sec. 40. Notification. Every employer covered by this Act shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be prepared or approved by the Director of Labor, summarizing the requirements of this Act and information pertaining to the filing of a charge. The Director shall furnish copies of summaries and rules to employers upon request without charge.
(Source: P.A. 93‑591, eff. 8‑25‑03.)

    (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 or sexual violence than the rights established under this Act; or

        (2) leave benefits for a larger population of victims of domestic or sexual violence (as defined in such law, agreement, program, or plan) than the victims of domestic or sexual violence covered under this Act.

    (b) Less protective laws, agreements, programs, and plans. The rights established for employees who are victims of domestic or sexual violence and employees with a family or household member who is a victim of domestic or sexual violence under this Act shall not be diminished by any federal, State or local law, collective bargaining agreement, or employment benefits program or plan.
(Source: P.A. 93‑591, eff. 8‑25‑03.)

    (820 ILCS 180/905)
    Sec. 905. Severability. If any provision of this Act or the application of such provision to any person or circumstance is held to be in violation of the Unites States Constitution or Illinois Constitution, the remainder of the provisions of this Act and the application of those provisions to any person or circumstance shall not be affected.
(Source: P.A. 93‑591, eff. 8‑25‑03.)

    (820 ILCS 180/999)
    Sec. 999. Effective date. This Act takes effect upon becoming law.

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