University of Illinois System

Victims Economic Security and Safety Leave

The Victims' Economic Security and Safety Act (VESSA) allows employees who are victims of domestic violence, sexual violence, gender violence, or any other crime of violence, or who have family or household members who are victims of such violence to take unpaid leave to seek medical help, legal assistance, counseling, safety planning, and other assistance. VESSA leave also allows employees unpaid leave to attend the funeral, make arrangements, or grieve a family or household member who is killed in a crime of violence. The Act also prohibits employers from discriminating against employees who are victims of domestic violence, sexual violence, gender violence, or any other crime of violence, or who have family or household members who are victims of such violence.

Employees are entitled, on return from leave, to be restored to the position held by the employee when the leave commenced or to an equivalent position with equal pay, benefits, and other conditions of employment.

Select one of the following links or scroll down for specific information:

Eligibility
Approval and Documentation
Length of leave
Benefits continuation
Compensation
Returning from leave
Policies
Definitions


Eligibility

All employees at the University are eligible for 12 weeks of VESSA leave in a 12-month period for the following reasons:

  1. To seek medical attention for, or recovering from, physical or psychological injuries caused by domestic violence, sexual violence, gender violence, or any other crime of violence to the employee or the employee's family or household member.
  2. To obtain services from a victim services organization for the employee or the employee's family or household member.
  3. To obtain psychological or other counseling for the employee or the employee's family or household member.
  4. To participate in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee's family or household member from future domestic violence, sexual violence, gender violence, or any other crime of violence or ensure economic security.
  5. To seek legal assistance or remedies to ensure the health and safety of the employee or the employee's family or household member, including preparing for or participating in any civil, criminal, or military legal proceeding related to or derived from domestic violence, sexual violence, gender violence, or any other crime of violence.

All employees at the University are eligible for 2 weeks 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.

Approval and Documentation

When leave is foreseeable, employees shall provide their supervisor with not less than 48 hours notice before the leave is to begin. If not foreseeable 48 hours in advance, the employee shall provide notice as is practicable.

To apply for VESSA leave, employees must submit the following documents to their department HR Representative.

VESSA Application and Supporting Documentation

VESSA Application (Adobe Acrobat)

The VESSA application is considered a sworn statement. By completing the VESSA application, the employee is certifying they are a victim of domestic violence, sexual violence, gender violence, or any other crime of violence. VESSA requests, applications, and any supporting documentation are confidential; except as required by applicable federal or State law, or as permitted by the employee in writing.

In addition to completing the VESSA application, if the employee is in possession of any of the below listed documentation, they shall provide it along with the VESSA application:

  • Documentation from the 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 violence, sexual violence, gender violence, or any other crime of violence, and the effects of the violence; or
  • a police, court or military record; or a death certificate, published obituary, or 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; or
  • other corroborating evidence.

If an employee has more than one of the above, they are not required to provide more than one. Additionally, the employee is not required to submit additional documents if requesting a second leave related to the same incident(s) or perpetrator(s) of violence.

Medical Certification

Medical certification is not required for VESSA leave. However, employees or their household members experiencing a  serious health condition as a result of violence may be eligible for concurrent FMLA leave. See the FMLA page for more information.

For Employee's Serious Health Condition: Acrobat format | Rich text format
For Family Member's Serious Health Condition: Acrobat format | Rich text format

Leave of Absence Information and Form

Information and forms may be found within Leave Forms. If the Leave of Absence Worksheet fails to load, then download and complete the form before printing.

UI Hospital employees only: For information on how to apply for leaves of absence, please go to the UI Hospital intranet site, Departments, Human Resources Services,  Leave of Absence page.


Length of Leave

For Eligibility Reasons 1, 2, 3, 4, or 5 employees are entitled up to 12 workweeks of VESSA leave during each consecutive twelve-month period for which eligibility criteria have been met. The initial 12-month period is measured forward from the date the employee first takes VESSA leave. The next 12-month period begins the first time VESSA leave is taken after completion of any previous 12-month period.

For Eligibility Reasons 6, 7, or 8, employees are entitled up to 2 workweeks (10 work days) of VESSA leave which must be completed within 60 days after the date of which the employee receives notice of the death of the family or household member.

This Act does not create a right for the employee to take a leave that exceeds the leave time allowed under, or in addition to, the leave time permitted by the Family and Medical Leave Act (FMLA). For employees on VESSA leave who are also eligible for FMLA leave, VESSA leave time is not in addition to the 12-week FMLA entitlement when the reason for VESSA leave also qualifies under FMLA. In this instance, both the VESSA and FMLA entitlement would be depleted. An employee who may have exhausted all available leave under FMLA, for a purpose other than that which is available under VESSA, remains eligible for leave under VESSA.

Employees who are also eligible for Family Bereavement Leave should consult with their university or system human resource office to determine total amount of leave they are eligible to take.


Benefits Continuation

State of Illinois Benefits

While employees are on an eligible VESSA leave, State benefits shall be continued by the University at the same level of coverage that would have been provided if the employee had remained in continuous employment.

Employees on a paid VESSA leave will continue to have their premium portion deducted from their paycheck. Employees on unpaid VESSA leave will be billed for their premium portion. If the employee does not make required payments during the leave period, the CMS Group Insurance Division (GID) will terminate the member's coverage the first day of the current month. These members are ineligible to continue coverage under COBRA and will not receive a COBRA notification letter (eligible or ineligible). CMS will take action to collect all outstanding premium(s), which may include involuntary withholding. Employees are to contact the Benefits Service Center for information on changes in status and to arrange for billing prior to their last day of work.

The University may recover the premiums paid for maintaining coverage for employees if the employee fails to return from VESSA leave for a reason other than continuous, recurrence, or onset of domestic violence, sexual violence, gender violence, any other crime of violence, or other circumstances beyond the control of the employee. Certification of such conditions may be required by the University.

University of Illinois Benefits

Employees continue to receive the same University benefits as when not on VESSA leave.

State Universities Retirement System

To determine the effect of leave on the accumulation of service time for retirement and to assure continuation of contributions, contact SURS.


Compensation

Employees have the option to take VESSA leave with or without pay. To continue in pay status, employees must use accrued sick or vacation leave in accordance with University leave provisions.

Accrued leave used will be counted toward the 12-week VESSA entitlement. If applicable, accrued leave used will also be counted toward the FMLA entitlement. Any portion of the 12-week period for which accrued leave is not charged shall be without pay.

For care of a family member with a serious health condition or injury or for the employee's serious health condition or injury, leave is provided under the terms and conditions of University sick leave policies. Sick leave used for this purpose will be counted toward the 12-week entitlement (or any part thereof).


Returning from Leave

Ordinarily, an employee who has been absent for VESSA leave shall be restored to the position held by the employee when the leave commenced, or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. If the University would not otherwise have employed the employee at the time reinstatement is requested, the University may deny restoration to employment.

For Civil Service employees, restoral to the same or equivalent position shall be contingent on the expected continuation of the appointment and shall be in accordance with the State Universities Civil Service System Statute and Rules 250.120.

An employee on leave may be required to report periodically to the supervisor or designated representative on their status and intention to return to work.

Extended Leave

Benefits under VESSA expire after 12 weeks of usage. An employee seeking approval of an extension of leave beyond the 12-week VESSA entitlement shall present a written request to his or her supervisor, which shall be acted upon pursuant to departmental procedures and in accordance with University policies related to leaves of absence.


Policies

Select from the appropriate campus and employee group for specific policy information.

University System Policy
Victims Economic Security and Safety Leave

Civil Service Statute and Rules
Seniority

Policy and Rules for Civil Service Staff
Rule 10.01 - Sick Leave Usage and Approval
Rule 11.07 - Family and Medical Leave
Rule 11.16 - Victims Economic Security and Safety Leave
Rule 11.09 - Disability Leave
Rule 11.10 - Leave Without Pay/Extension of Certain Benefits Coverage

University Policies
Urbana: Family and Medical Leave 
Chicago: Family and Medical Leave | Disability Leave of Absence
Springfield: Contact the campus Human Resources Office.

 

Additional Resources