§280.110. Definitions

"Act" means the Victims' Economic Security and Safety Act (VESSA) [820 ILCS 180].

 

"Certification", as used in Section 20(c) of the Act, means a signed, written statement of an employee certifying to the employee's employer that:

 

the employee 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

 

the leave is for one of the purposes enumerated in Section 20(a)(1) of the Act.  [820 ILCS 180/20(c)(2)]

 

If the employee possesses documentation, records, or other corroborating evidence to support the certified statement, the employee shall provide at least one such supporting document to the employer. The employer cannot require the employee or the employee's family or household member to obtain any documentation, records, or other corroborating evidence that is not in the employee's possession.  The employee shall choose which document to submit, and the employer shall not request or require more than one document to be submitted during the same 12-month period leave is requested or taken if the reason for leave is related to the same incident or incidents of violence or the same perpetrator or perpetrators of the violence.

 

"Complaint" means an allegation of a violation of the Act filed with the Department.

 

"Complainant" means a person who files a complaint.

 

"Department" means the Illinois Department of Labor or a duly authorized representative.

 

"Director" means the Director of the Illinois Department of Labor or the Director's designee.

 

"Employee" means any person suffered or permitted to work by an employer, including on a full-time 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.

 

"Employer" means

 

the State or any agency of the State;

 

any unit of local government or school district; or

 

any person that employs at least one employee.

 

Evidence that may be submitted to support a certified statement means the following:

 

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 violence, sexual violence, gender violence, or any other crime of violence and the effects of the violence;

 

a police or court record; or

 

other corroborating evidence.  [820 ILCS 180/20(c)(2)]

 

"FMLA" means the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).

 

"Public hearing" means a formal administrative hearing conducted pursuant to 56 Ill. Adm. Code 120.

 

"Respondent" means an employer against whom a complaint is filed.

 

(Source:  Amended at 46 Ill. Reg. 18530, effective November 2, 2022)