3.2.10 - Victims’ Economic Security and Safety Act (VESSA) Leave

Last updated on February 7, 2024

POLICY:  In compliance with the Illinois Victims Economic Security and Safety Act (VESSA) of 2003, and as amended in 2009, 2021 and 2024 leave shall be granted to an employee who is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence, or who have a family or household members who are a victims of such violence.

All employees are allowed to take up to twelve (12) weeks of unpaid leave per any twelve (12) month period to seek medical help, legal assistance, counseling, safety planning, and other assistance.

All employees are eligible for ten (10) workdays of VESSA leave 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.

SCOPE:

This policy applies to all Spoon River College employees.

DEFINITIONS:

Family or Household Member:  for employees with a family or household member who is a victim of domestic violence, sexual violence, gender violence, or any other crime of violence, means a spouse or party to a civil union, parent, grandparent, child, grandchild, sibling, or any other person related by blood or by present or prior marriage or civil union, other person who shares a relationship through a child, or any other individual whose close association with the employee is the equivalent of a family relationship as determined by the employee, and persons jointly residing in the same household.

Crime of Violence: means any conduct proscribed by Articles 9, 11, 12, 26.5, 29D, and 33A of the Criminal Code of 2012 or a similar provision of the Criminal Code of 1961, in addition to conduct proscribed by Articles of the Criminal Code of 2012 referenced in other definitions in the VESSA legislation.

Domestic Violence, Sexual Violence, or Gender Violence: means domestic violence, sexual assault, or stalking. “Domestic violence” means abuse, as defined in Section 103 of the Illinois Domestic Violence Act of 1986 by a family or household member, as defined in Section 103 of the Illinois Domestic Violence Act of 1986. Section 103 of the Illinois Domestic Violence Act of 1986 defines the following:

• "Abuse" means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.
• "Family or household members" for the purpose of domestic violence, sexual violence, or gender violence include spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in Section 12-4.4a of the Criminal Code of 2012. For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship. In the case of a high-risk adult with disabilities, “family or household members” include any person who has the responsibility for a high-risk adult as a result of a family relationship or who has assumed responsibility for all or a portion of the care of a high-risk adult with disabilities voluntarily, or by express or implied contract, or by court order.

Gender Violence:

• One or more acts of violence or aggression satisfying the elements of any criminal offense under the laws of this State that are committed, at least in part, based on a person's actual or perceived sex or gender, regardless of whether the acts resulted in criminal charges, prosecution, or conviction; or
• A physical intrusion or physical invasion of a sexual nature under coercive conditions satisfying the elements of any criminal offense under the laws of this State, regardless of whether the intrusion or invasion resulted in criminal charges, prosecution, or conviction; or
• A threat of an act described above causes a realistic apprehension that the originator of the threat will commit the act.

Sexual Assault: means any conduct prohibited by:

• Article 11 of the Criminal Code of 2012 except Sections 11-35 and 11-45;
• Sections 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 2012; or
• A similar provision of the Criminal Code of 1961.

DETAILS:

1. Provisions of Victims’ Economic Safety and Security Act (VESSA): All employees are allowed to take up to twelve (12) weeks of unpaid leave per any twelve (12) month period for the following reasons:
   1. To seek medical help and recover from physical or psychological injuries caused by domestic violence, sexual violence, gender violence, or any other crime of violence to the employee or employee's family or household member.
   2. To obtain the victim's services, psychological or other counseling, and legal assistance or remedies, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic violence, sexual violence, gender violence, or any other crime of violence.
   3. To participate in safety planning, temporarily or permanently relocating, or taking other actions to increase health and safety, or to ensure economic safety of covered persons.
2. Certification of Eligibility: The College may 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 that the leave is for one of the purposes in item 1 above.  An employee may satisfy the certification requirement by providing a sworn statement and the following documents:
   1. 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 or sexual violence and the effects of the violence;
   2. a policy or court record; or
   3. other corroborating evidence.
3. Death of a family or household member killed in a crime of violence: All employees are allowed to take up to ten (10) workdays of VESSA leave in a 12-month period for the following reasons:
   1. 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.
   2. To make arrangements necessitated by the death of a family or household member who is killed in a crime of violence.
   3. To grieve the death of a family or household member who is killed in a crime of violence.

   Leave under VESSA for the above-listed reason(s) must be completed within sixty (60) days after the employee receives notice of the death of the victim.

4. Certification of Eligibility Related to Death: Employees should provide notice to human resources of the need for leave and submit documentation of the death. Documentation can include one of the following documenting that the family of a household member was killed by a crime of violence:
   1. A death certificate.
   2. Published obituary.
   3. Written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency, documenting that a victim was killed in a crime of violence.
5. Documentation for Requesting VESSA Leave: The College requires not less than forty-eight (48) hour advance notice for foreseeable leaves.  If the leave is not “foreseeable,” the College requires notice as soon as possible.  The College monitors the leave and may require periodic progress reports.  An employee may apply for VESSA leave by completing the VESSA Leave Application Form and submitting it to the Human Resources Office.  Failure to provide the required certification within 15 calendar days may result in denial of leave.
6. Employee Status and Benefits During Leave:
   1. The College continues all health care benefits for the employee and contributes the same amount to the health plan as if the employee were actively employed.
      Currently, the employee pays a portion of the health care premium. While using paid time off the College will continue to make payroll deductions to collect the employee’s share of the premium. While on unpaid leave, the employee must continue to make this payment, either in person or by mail. The payment must be received in the Payroll Office by the first day of each month. If the payment is more than 30 days late, the employee’s healthcare coverage may be dropped for the duration of the leave. The College will provide written notification 15-days prior to the employee’s loss of coverage.
   2. There is no gain or loss of seniority during the leave.
   3. In order for the employee to receive Illinois State Universities Retirement System (SURS) service and earnings credit, the employee must follow the guidelines outlined for leaves in the SURS Member Guide.
   4. Employee is prohibited from collecting unemployment insurance while on VESSA leave.
7. Employee Use of Paid and Unpaid Leave: Employees may substitute accrued sick leave (for medial reasons) and vacation/personal leave for unpaid VESSA leave.
8. Employee Status after Leave: Employees are entitled, on return from leave, to be restored to the position held when the leave commenced or to an equivalent position with equal pay, benefits, and other conditions of employment.
9. Concurrent Leave: VESSA leave will run concurrently with FMLA leave, including workers’ compensation leave (to the extent that it qualifies) when the reason for VESSA leave also qualifies under FMLA.   If an employee is also entitled to take bereavement leave under the Illinois Family Bereavement Leave Act, the following rules apply:
   1. This policy does not create a right for the employee to take additional bereavement leave that the employee would already be entitled to under the Illinois Family Bereavement Leave Act.
   2. Leave taken under this policy due to the death of a family or household member due to a crime of violence or leave taken under the Illinois Family Bereavement Leave Act shall be in addition to and shall not diminish the total amount of leave an employee may take for other qualifying reasons described under VESSA.
      Leave taken under VESSA due to the death of a family or household member killed in a crime of violence shall not otherwise limit or diminish the amount of leave an employee may take for the other leave reasons identified under VESSA.  If an employee is not otherwise entitled to leave under the Illinois Family Bereavement Leave Act, leave taken under VESSA for the death of a family or household member killed in a crime of violence will be deducted from, and is not in addition to, the total amount of leave time to which an employee is entitled to.
10. Intermittent or Reduced VESSA Leave:  Leave under VESSA may be taken all at one time or on an intermittent or reduced leave schedule.
11. Confidentiality: All information provided to the College, including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee has requested or obtained leave, is 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.
12. Failure to Return from Leave: Spoon River College may recover the premium that the employer paid for maintaining coverage for the employee and the employee's family or household member under such group health plan during any period of leave under this Section 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 violence, sexual violence, gender violence, or any other crime of violence that entitles the employee to leave pursuant to this Section; or
       2. other circumstances beyond the control of the employee.

PROCEDURE(S):

1. The employee obtains and completes a VESSA Application Form (available in the Human Resources Office or S:\ Forms Printable\Absences, Leave, and Time Reporting), at least forty-eight (48) hours before the anticipated leave date when possible, provides certification of eligibility, and discusses the intention with the appropriate supervisor and the Human Resources Director. In cases of emergency, contact the appropriate supervisor as soon as possible.
2. The employee meets with the Human Resources Director to review the request. The Human Resources Director decides in accordance with the Spoon River College policy and notifies the employee in writing of the decision.
3. The Human Resources Director informs the appropriate supervisor of the employee’s VESSA leave.
4. If VESSA is denied, an employee may file a grievance per the appropriate collective bargaining unit agreement (if applicable).
5. The Human Resources Office assists the employee in gathering proper documentation required for taking VESSA leave. The Human Resources Director monitors the leave and provides necessary information to the employee’s supervisor.
6. During the final week of VESSA, employees are required to contact the Human Resources Director to make reinstatement arrangements.