Eligible employees of Illinois State University may take job-protected leave for situations related to domestic violence, sexual violence, gender violence, and any other crime of violence. The purpose of this leave to is allow employees who are victims of these types of violence to take time away from work to seek medical help, legal assistance, counseling, safety planning, and other assistance. This leave also extends to the employee for the care of a family or household member who is a victim of these types of violence.
All information provided to Human Resources regarding the leave shall be retained in the strictest confidence except to the extent that disclosure is requested or consented to in writing by the employee or otherwise required by applicable federal or State law.
All full and part-time employees of Illinois State University are eligible to utilize this leave up to 12 workweeks during any 12-month period.
This leave does not create a right for an employee to take unpaid leave that exceeds the unpaid leave allowed under, or is in addition to, the unpaid leave permitted by the Family and Medical Leave Act (see policy 3.1.12).
Reasons for Leave
An employee who is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence or an employee who has 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 crime of violence may take leave up to 12 workweeks for the following reasons:
- To seek medical attention for, or recovering from, physical or psychological injuries caused by the crime of violence;
- To obtain services from a victim services organization;
- To obtain psychological or other counseling;
- To participate in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety and/or economic security of the employee or the employee’s family or household member; or
- To seek legal assistance or remedies to ensure health and safety, including preparing for or participating in any civil, criminal, or military legal proceeding related to or derived from the crime of violence.
The following three reasons for leave cannot exceed 10 workdays and must be completed within 60 days after the date on which the employee receives notice of the death of the victim. Leave taken for these reasons will be administered in conjunction with the leave entitlement under the Family Bereavement Leave Act as described in policy 3.1.53 and the Family and Medical Leave Act as described in policy 3.1.12.
- To attend the funeral or alternative to a funeral or wake of a family or household member who is killed in a crime of violence;
- To make arrangements necessitated by the death of a family or household member who is killed in a crime of violence; or
- To grieve the death of a family or household member who is killed in a crime of violence.
Certification and Notice of Leave
The employee must provide a certification to Human Resources that they 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 that the reason for leave is one that is provided for in this policy. Certification must be provided to Human Resources within a reasonable time period after the application for leave is submitted to Human Resources.
Certification includes a sworn statement from the employee and, if available to the employee, one of the following documents:
- 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 the crime of violence and the effects of the violence;
- A police, court, or military record;
- A death certification, published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial government agency, documenting that a victim was killed in a crime of violence; or
- Other corroborating evidence.
The employee may choose which document to submit and will not be required to submit more than one document during the same 12-month period the leave is required or taken if the reason for leave is related to the same incident(s) or perpetrator(s) of the violence.
The employee should provide their department with at least 48 hours’ notice of the need for leave unless providing such notice is not practicable. An unscheduled absence taken as this leave shall not be considered for performance evaluations, Civil Service unscheduled absence/hours tracking, or disciplinary actions as long as certification of the reason for leave is provided to Human Resources within a reasonable time period after the absence.
Leave may be taken on a continuous, intermittent, or reduced work schedule basis. Employees may be required to periodically report to Human Resources on their status and intention to return to work.
Benefits and Compensation
Employees may utilize paid benefit time, in accordance with appropriate usage as defined in policy, to remain in a paid status during this leave of absence.
Insurance coverage for the employee and any covered dependents shall be maintained during the leave of absence at the same level of benefits and under the same conditions as the employee was entitled to receive prior to leave. If an employee is in an unpaid status, the employee will be direct billed for their portion of the insurance premiums. Failure to submit payment to the State of Illinois for premiums may result in cancellation of coverage.
Employees who utilize this leave will be restored to the same or equivalent position with equivalent employment benefits, pay and other terms and conditions of employment as were in place when the leave commenced.
If you feel your rights have been denied, please forward your appeal to the Associate Vice President of Human Resources.