As the holiday celebrations and New Year's cheers have faded, it is time for a sober reminder to Illinois employers with 15 - 49 employees that your company now has obligations under the Victims' Economic Security and Safety Act (VESSA). Prior to the amendments, only employers with 50 or more employees were subject to the Act - so the change has prompted many of our clients with less than 50 employees to start asking, "What is VESSA?"
VESSA provides an employee who is a victim of domestic or sexual violence, or who has a family or household member who is a victim of domestic or sexual violence, with up to twelve (12) weeks of unpaid leave. Illinois employers with 15 - 49 employees are now required to provide eight (8) weeks of leave to an employee so that the employee may:
- Seek medical attention;
- Access victims' services;
- Obtain counseling;
- Participate in safety training;
- Obtain legal services; and
- Other related activities.
VESSA has adopted many of the same leave requirements set forth in FMLA, but it is not intended to provide leave in excess of what is covered under FMLA. In addition, the Act contains reasonable accommodation provisions similar to ADA.
The purpose of this article is to remind "small" Illinois employers of their relatively new obligations of the Act. While a detailed review of the Act is beyond the scope of this article, employers now subject to the Act should - at a minimum - be sure they have familiarity with the law and that the Illinois Department of Labor's required notice is posted in a conspicuous location.
In addition, if you have any questions or would like to discuss your obligations under VESSA in greater detail, please contact an experienced Wessels Sherman attorney. Contact us.
