In an inspiring move towards enhancing employee rights and creating compassionate workplaces, Illinois has taken a significant step by amending the Victims’ Economic Security and Safety Act (VESSA). This change, signed into law by Governor J.B. Pritzker on July 28th, 2023, brings about a crucial expansion in the leave available to employees dealing with the aftermath of a family member’s death due to a crime of violence. The amendments to VESSA took effect immediately, signaling a state committed to supporting the well-being of its citizens in times of extreme hardship.
Comprehensive Coverage
Under the original VESSA, Illinois employers were required to provide unpaid leave to employees who were victims of domestic, sexual, or gender violence and crimes of violence. This encompassed not only the victims themselves but also their affected family or household members. This coverage highlighted the state’s dedication to fostering safety and security within its workplaces and communities.
Amendments: A Deeper Level Of Compassion
The newly introduced amendments further illustrate Illinois’ commitment to empathy and support for its residents. Before these changes, employees were eligible for leave for specific reasons, including medical attention, counseling services, victim services, legal assistance, and safety planning. However, a crucial layer of support has been added with the amendments.
Now, employees are granted leave for more intimate and sensitive reasons, including the following:
- Attending funerals or wakes: Employees can now take time off to attend the funeral or alternative memorial arrangements of a family or household member who was a victim of a crime of violence.
- Arrangements due to death: Recognizing the responsibilities that arise from a family member's passing, the amendments permit employees to take leave to make necessary arrangements after a crime of violence-related death. This acknowledges the logistical challenges that families face in such difficult times.
- Grieving process: Perhaps the most poignant aspect is acknowledging the grieving process. Employees are now entitled to leave time specifically to grieve the loss of a family or household member who was killed in a crime of violence. This change reflects the understanding that mourning is an essential part of healing.
Balancing Work And Healing
The amendments take into account the size of the employer. The duration of leave varies based on the number of employees in the organization. While this allows for flexibility, it also provides that businesses, particularly smaller ones, can manage operations effectively.
The amount of VESSA leave an employee is entitled to depend on the size of the employer as follows:
- An employee working for an employer with up to 14 employees is entitled to four work weeks of leave during any 12-month period.
- Employees working for an employer with at least 15, but not more than 49, are entitled to a total of eight work weeks of leave during any 12-month period.
- An employee working for an employer with at least 50 employees is entitled to 12 work weeks of leave during and 12-month period.
Moreover, the amendments acknowledge that certain situations require a more immediate response. If an employee needs to take leave for the newly added reasons related to crimes of violence, they are entitled to a shorter period of unpaid leave. This enables them to attend to the immediate aftermath without compromising their jobs or financial stability.
In Sync With Existing Laws
Conscious of the interplay between employees' protection laws, it's essential to understand the need for synergy across various regulations to safeguard workers’ rights. A prominent example is the Illinois Family Bereavement Leave Act (FBLA), which establishes a distinct framework for bereavement leave. Under FBLA, qualified employees are eligible for up to two weeks of unpaid leave following the death of an immediate family member. Notably, the provision extends up to six weeks of leave in the event of the death of more than one covered family member within 12 months. The key distinction lies in eligibility criteria: FBLA covers only employees qualified for federal Family and Medical Leave Act (FMLA) benefits, whereas the scope of VESSA encompasses all Illinois employees, accentuating the state’s commitment to protection for all.
However, the amendments do not lead to overlapping entitlements. Instead, they complement each other effectively. If an employee is eligible for FBLA leave, the amended VESSA does not provide additional bereavement leave beyond what is already granted. This ensures a fair distribution of leave entitlements.
Unlocking Support For Small Business Owners
In the dynamic landscape of Illinois’ evolving employment laws, small business owners face the dual challenge of maintaining compliance while nurturing their ventures. As the recent amendments to the Illinois VESSA exemplify, the legal landscape can shift rapidly, requiring business owners to remain compliant and informed. This is where a professional employer organization (PEO) can help business owners in Illinois. By partnering with a PEO like GMS, business owners can access HR experts who keep you compliant with employment regulations.
With our comprehensive services, including HR support, benefits administration, payroll, and risk management, small businesses can confidently navigate employment laws' complexities. Contact us today to learn how we can empower your business to thrive in evolving regulations.