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August 8, 2023
On July 28, 2023, Illinois amended its Victims’ Economic Security and Safety Act (VESSA) to provide leave to employees who are grieving a family member’s death from a violent crime. See 2023 IL HB 2493. The amendments took effect immediately.
What Is VESSA?
VESSA requires all Illinois employers (defined as the State or any agency of the State, any unit of local government or school district, or any person who employs at least one employee) to allow employees who are victims of domestic violence, sexual violence, gender violence, or any other crime of violence, or who have family or household members who are victims of such violence, to take unpaid leave to seek medical, legal, or other assistance. Leave may be taken on a continuous, intermittent, or reduced work schedule basis. VESSA also prohibits discrimination against employees if they, or their family or household members, are victims of such violence.
Who Is Considered a Family or Household Member?
The statute defines a family or household member as a spouse or party to a civil union; parent; grandparent; child; grandchild; sibling; any other person related by blood or by present or prior marriage or civil union; any other person who shares a relationship through a child; any other individual whose close association with the employee is the equivalent of a family relationship as determined by the employee; or persons jointly residing in the same household.
Reasons for Which Leave Is Permitted
Before the recent amendments, VESSA allowed employees to take leave:
With the recent amendments, employees also may take leave:
Amount of Leave to Which Employees Are Entitled
With respect to leave taken for funeral attendance, arrangements necessitated by the death, or to grieve,[1] employees are entitled to a cumulative total of not more than two workweeks (10 workdays) of unpaid leave taken within 60 days of the employee receiving notice of the death.
Notice and Documentation to Substantiate the Reason for Leave
Employees should provide 48 hours’ notice of their intention to take leave, where practicable.
An employer may require an employee to provide documentation to substantiate the reason for leave. Employees seeking leave for the death of a family member by violent crime may submit a death certificate, published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency documenting that the victim was killed in a crime of violence.
Employer Takeaways
Illinois employers should update their leave policies to reflect the VESSA amendments and ensure that their managers and human resources professionals understand the law. Always seek legal counsel with questions, including how the amended VESSA interplays with the Illinois Family Bereavement Leave Act.
[1] To seek medical attention or counseling services, to obtain services from a victim services organization, to obtain legal assistance, or to participate in safety planning, employees are entitled to four, eight, or 12 weeks of leave in a 12-month period, depending on the size of the employer.
*Special thanks to Brooke Palma, our Office Administrator, for her contributions to this article.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Illinois, Pennsylvania, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
