Victims' Economic Security and Safety Act (VESSA)

What is VESSA?

The Victims' Economic Security and Safety Act, commonly called VESSA, was enacted in August 2003 and amended most recently effective January 1, 2022. It honors the principle that no one should have to choose between their safety (and the safety of loved ones) and keeping their job.

Who is covered?

Employers:

• State and local governments and public school districts.
• Private-sector employers with 15 or more employees. Employers that drop below 15 after having been covered in the prior year remain subject.
• In practice, employers with 1 or more employees must allow limited leave.

Employees:

• You qualify if you (or a family or household member) are affected by domestic violence, sexual assault, stalking, gender violence, or any crime of violence.
• "Family or household member" includes spouses, civil union partners, parents, children, siblings, grandparents, or anyone with a comparable relationship.

What protection does VESSA provide?

1. Job-protected leave

You can take up to 12 workweeks of unpaid leave in a 12-month period to:

• Seek medical treatment or recover from injuries (physical or psychological).
• Obtain counseling or services from victim assistance organizations.
• Participate in safety planning or legal proceedings (including getting protection orders).
• Secure safety through relocation.

Leave duration depends on employer size:

• 1 to 14 employees: 4 weeks
• 15 to 49 employees: 8 weeks
• 50 or more employees (or a public employer): 12 weeks

For leave to attend a funeral or grieve for a family member killed in a crime of violence, you can take up to 2 workweeks, counted within those totals. Leave can be intermittent or on a reduced schedule.

2. Reasonable workplace accommodations

Employer-required adjustments may include:

• Transfer or reassignment.
• Modified schedules or attendance patterns.
• New phone numbers or seating to avoid contact with an abuser.
• Security measures like locks or escorts.
• Protocols for handling harassment.

Employers must accommodate unless doing so would cause an undue hardship.

3. Confidentiality

All details about your VESSA leave (your request, certification, and documentation) are strictly confidential unless you explicitly authorize disclosure or the law requires it.

4. Protection from retaliation and discrimination

Employers are prohibited from:

• Firing, demoting, disciplining, or discriminating in pay or benefits because of VESSA-protected actions.
• Harassing you or treating you unfairly for taking leave or requesting accommodations.

5. Filing complaints

You can file a complaint with the Illinois Department of Labor within three years of the violation. McGregor Dunn Law LLC can help you file the complaint. Remedies may include:

• Back pay and lost benefits.
• Reinstatement or job changes.
• Attorney's fees and penalties.

How to request VESSA leave

1. Give notice: at least 48 hours in advance, when practicable.
2. Document appropriately:
   • Provide a sworn statement affirming your or your household member's victim status.
   • Submit one type of documentation, such as victim services records, a medical attestation, police or court records, or other corroborating evidence.
   • Since January 2022, employers cannot demand more than one form of documentation per incident or perpetrator per year.

Why VESSA matters

• It addresses significant economic barriers for survivors.
• It helps employees maintain job stability while addressing urgent needs like safety, health, and legal matters.
• It shows that workplace policy can play a key role in public safety and justice.

Conclusion

VESSA is a lifeline for survivors in Illinois, providing crucial protection when life is at its most challenging. Whether you're an employee, HR leader, or advocate, knowing VESSA helps foster workplaces that support safety, dignity, and well-being.

This post summarizes Illinois law as of the date of publishing and is not legal advice.