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Leave of Absence – Victims of Domestic and Sexual Violence

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POLICY

In accordance with Illinois Public Act 93-590, the university does not discriminate against employees who are victims of domestic or sexual violence or who are “perceived” as victims of domestic or sexual violence. This policy applies to employees at both the Aurora and the George Williams College campuses.

Illinois Public Act 93-590 requires an employer of 50 or more employees to provide up to 12 weeks of unpaid intermittent leave for employees who are victims of domestic or sexual violence, or have family members that are victims of domestic or sexual violence

FORMS TO BE USED

1. Request for Family/Medical Leave form (Notification).
2. Certification of Need for Leave

GENERAL REQUIREMENTS

1. Leave Benefit:
   The University will provide up to 12 weeks of paid or unpaid leave on an intermittent or reduced work schedule basis to 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:
   1. 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.
   2. Obtaining services from a victim services organization fro the employee or the employee’s family or household member.
   3. Obtaining psychological or other counseling for the employee or the employee’s family or household member.
   4. 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
   5. 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.

   “Family or household member” means a spouse, parent, son, daughter, and persons jointly residing in the same household.

2. Employee Requirements:
   The employee must provide the University with at least 48 hours’ advance notice of the employee’s intention to take the leave, unless providing such notice is not practicable. The Request for Family/Medical Leave will be utilized to request leave under this policy. When an unscheduled absence occurs, the University will not take any action against the employee if the employee, within a reasonable period after the absence, provides certification.

   The employee is required to report at least weekly to the employer on the status and intention to return to work.

3. Certification:
   The University will require the employee to provide certification that the employee or the employee’s family or household member is a victim of domestic or sexual violence, and the leave is for one to the purposes enumerated in the law. The employee must provide such certification to the employer within a reasonable period (defined as 15 business days) after the employer requests certification. Completing the Request for Family/Medical Leave form initiates the process, and additionally, the employee shall provide:
   1. Documentation from an employee, agent, or volunteer of a victim service 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 violence.
   2. A police or court record; or
   3. Other corroborating evidence.

   4.  

4. Restoration of Employee To Previous Position:
   Any employee who takes leave under this law shall be entitled, on return from such leave:
   1. To be restored by the University to the position of employment held by the employee when the leave commenced; OR
   2. To be restored to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.

   3.  

5. Loss of Benefits:
   The Act provides that the taking of leave cannot result in the loss of any employment benefit accrued prior to the date on which the leave commenced. However, the employee is not entitled to:
   1. The accrual of any benefits during a period of leave which is unpaid (including vacation accrual and sick leave) and/or
   2. Any right, benefit or position of employment other than the right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

   3.  

6. Health and Existing Leave Benefits:
   1. During any period of leave taken under this Act, the University will 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 same conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The employee is expected to pay the employee portion of the premium to the University.
   2. As with other leaves provided by the University, the employee must use accumulated sick time, accrued vacation time, and personal time prior to utilizing unpaid leave time.
   3. This Act does not create a right for an employee to take paid or unpaid leave that exceeds the leave time permitted by the federal Family and Medical Leave Act of 1993.

   4.  

7. Failure to Return From Leave:
   1. The University may recover the insurance premium that the University paid for maintaining health coverage for the employee and the employee’s family or household member under the group policy during any period of leave if:
      1. the employee fails to return from leave under this Section after the period of leave to which the employee is entitled has expired, AND
      2. the employee fails to return to work for a reason other than:
         1. the continuation, recurrence or onset of domestic or sexual violence that entitles the employee to leave, or
         2. other circumstances beyond the control of the employee.
   2. The University will require an employee who claims that s/he is unable to return to work because of a reason described above to provide, within a reasonable period after making the claim (15 business days), certification to the University that the employee is unable to return to work because of that reason. An employee may satisfy the certification requirement by providing to the University:
      1. A sworn statement of the employee
      2. 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;
      3. A police or court record; or
      4. Other corroborating evidence.

      5.  

8. Reasonable Accommodation Requirement:
   1. “Discriminate”, used with respect to the terms, conditions, or privileges of employment includes not making a reasonable accommodation of 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 unless the University would face an undue hardship because of that accommodation.
   2. “Qualified Individual” means: 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 for which the individual has applied.
   3. “Reasonable Accommodation” may include an adjustment to a job structure, or work requirement, including a transfer, reassignment, or modified schedule, leave, a changed telephone number, or implementation of a safety procedure, in response to actual or threatened domestic or sexual violence.
   4. “Undue Hardship” means an action requiring significant difficulty or expense to the University.

   5.  

9. The application of this policy and the procedures set forth herein may be modified in accordance with changes in applicable State law.

Questions regarding this policy should be directed to Human Resources.