Know the Laws: Illinois

UPDATED October 23, 2012

Illinois state law provides employment protections for domestic violence victims who need to take time off from work to handle issues related to domestic violence.

• Basic Info About the Law
  • Do I have the right to take time off from my job, or change my schedule, to deal with domestic violence against me or a family/ household member?
  • I know I can take time off to help a family or household member who is being abused. Who is considered a “family or household member” under the law?
  • What legal or medical actions, specifically, can I use my time off from work to do?
  • Can I ask for “accommodations” at work (a change in work schedule, a changed desk location, a private phone number, or other changes at work), to keep me safe from domestic violence?
• What You Must Provide to Your Employer
• What Your Employer Can and Cannot Do

Basic Info About the Law

back to topDo I have the right to take time off from my job, or change my schedule, to deal with domestic violence against me or a family/ household member?

Yes. Under Illinois State law, an employee who is a victim of domestic or sexual violence or has a family/ household member who is a victim may take unpaid leave from work to address domestic or sexual violence.  You can take a total of 12 work-weeks of leave during any 12-month period. (However, if you have already taken 12 weeks off under the federal Family and Medical Leave Act, this law does not permit you to take additional time.)  The 12 weeks can be taken intermittently (at different times) or on a reduced work schedule.*
You can also use existing paid leave (including family, medical, sick, annual, personal, or similar leave) instead of taking the unpaid leave.**

*820 ILCS § 180/20(a)
**820 ILCS § 180/25

back to topI know I can take time off to help a family or household member who is being abused. Who is considered a “family or household member” under the law?

A “family or household member” can be a a spouse, parent, son, daughter, other person related by blood or by present or prior marriage, other person who shares a relationship through a son or daughter, and persons jointly residing in the same household.*

* 820 ILCS §180/10 (12)

back to topWhat legal or medical actions, specifically, can I use my time off from work to do?

Your employer must let you take time off from work to do the any of the following things, if they are related to domestic violence for you or a family/ household member:

• To get an order of protection - a court restraining order;
• To get medical help - to see a doctor, mental health counselor, or health care professional, to take care of injuries or health problems caused by domestic violence;
• To get legal help - to go to court, prepare for court, testify in court, or to seek help from lawyers or legal counseling;
• To seek domestic violence services - to go to a domestic violence shelter, domestic violence program or rape crisis center, if you are going to seek help for domestic violence;
• To plan for your safety - to participate in safety planning, temporarily or permanently relocate to other housing, or take other actions to increase the safety of you or your family/ household member from future domestic or sexual violence or ensure economic security.*

back to topCan I ask for “accommodations” at work (a change in work schedule, a changed desk location, a private phone number, or other changes at work), to keep me safe from domestic violence?

You may have the right to ask for “reasonable” changes at work that will keep you safe from domestic violence.   For example, you can request a transfer, reassignment, or modified schedule, a changed telephone number or seating assignment, a lock, or other safety procedures, in response to domestic violence, or threats of domestic violence.*

Your employer can deny your request for accommodations (changes) at work if your employer can show that the changes you are seeking are too hard for them to do.  For example, if it would be too expensive, would cause other problems at work, or would not allow for work to get done in your department, then they can deny your request as being an “undue hardship.”**

You might want to consult with your local branch of the Illinois Human Rights Commission if you have any questions about your employer saying "no" to your request for accommodations at work.

Note: Although Illinois law does not require that you make the request for an accommodation in writing, it might be a good idea to do so.  This way, you can be clear to your employer about what types of changes you need, and you have proof that you asked for the changes if your employer denies your request and you choose to pursue legal action against the employer.  You might want to include copies of court records, police reports, or the same type of information that you would show to your employer if you were requesting time off from work for domestic violence issues.

*820 ILCS §180/30(a)(1)(C)
**820 ILCS §180/30(b)(4)

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