Human Resources

D.8 Leave for Victims of Domestic or Sexual Violence

Policy No. D. 8.00

Date of Issue 7/2/2014
Date of Update 1/1/2020

In accordance with the Illinois Victim’s Economic Security and Safety Act (VESSA) and federal law, the university will provide twelve (12) weeks of unpaid leave during a 12-month period to eligible employees who: are victims of domestic or sexual violence; or have a family or household member who is a victim of domestic or sexual violence. Such leave will also be provided to victims of gender violence. “Gender violence” means (i) one or more acts of violence or aggression satisfying the elements of any criminal offense under Illinois law that are committed, at least in part, on the basis of a person’s actual perceived sex or gender, regardless whether the act resulted in criminal charges, prosecution or conviction; (ii) a physical intrusion or invasion of a sexual nature under coercive conditions satisfying the elements of any criminal offense under Illinois law that are committed, at least in part, on the basis of a person’s actual perceived sex or gender, regardless whether the intrusion or invasion resulted in criminal charges, prosecution or conviction; or (iii) a threat of an act described above causing a realistic apprehension that the originator of the threat will commit the act.

Employees may take leave to: (1) seek medical attention; (2) obtain services from a victim services organization; (3) obtain psychological or other counseling; (4) participate in safety planning, including temporarily or permanently relocating or taking other measures to increase safety; or (5) to seek legal assistance. Such leave may be taken intermittently or on a reduced work schedule. Employees must give at least 48 hours advance notice of their need for leave, unless such notice is not practicable. Upon returning from leave, an employee will be restored to his or her same position or an equivalent position. Prior to an employee’s return from leave, the university may require that the employee provide certification indicating that the employee or a member of his or her family or household is a victim of domestic violence.

8.01

The university will maintain benefit coverage for the employee and any applicable dependents at the same level and subject to the conditions that coverage would have been provided had the employee not taken leave. The university may recover the premium it paid for maintaining coverage if the employee fails to return from leave for a reason other than the continuation, recurrence or onset of domestic or sexual or gender violence that entitles the employee to leave; or other circumstances beyond the control of the employee.

8.02

The university will not take any adverse employment action against an employee because the employee (1) is, or is perceived to be a victim of domestic or sexual or gender violence; (2) participated in proceedings pertaining to domestic or sexual or gender violence; (3) requested an adjustment to a job structure, workplace facility, or work requirement, including a transfer, reassignment, modified schedule, changed telephone number, or implementation of a safety procedure; or (4) because the workplace is threatened or disrupted in some way by the alleged domestic or sexual abuser or perpetrator of gender violence. The university will also make a reasonable accommodation to known limitations affecting otherwise qualified applicants or employees which result from circumstances covered by VESSA, unless such an accommodation would create an undue hardship to the university.