Illinois state law allows victims and relatives to take unpaid time off from work to deal with violent crime issues, including domestic or sexual violence. Domestic abuse is physical abuse, harassment, or intimidation inflicted by a household member. Domestic abuse victims can get time off work to get help. Their employer can’t fire them for taking time off. They can also get unemployment for leaving their job due to domestic abuse. Victims may take up to 12 workweeks of unpaid time off during any given year (12 month period). The amount of time off depends on the number of employees:

• 12 weeks: for companies with at least 50 employees
• 8 weeks: for companies with 15 - 49 employees
• 4 weeks: for companies with 1 - 14 employees

Who qualifies?

This means that the victim, family members related by blood or marriage, and anyone living with the victim can request unpaid time off from work to deal with this issue. The following people may qualify for paid time off from work:

• Victims of domestic or sexual violence
• Family members of the victim
• Household members living with the victim

What can time off be used for?

The unpaid time off may be used to conduct any of the following activities related to domestic or sexual violence:

• To get medical attention 
• To get victims services
• To get psychological counseling
• To conduct safety planning, relocating, or taking other actions to increase safety
• To get legal help or assistance
• To grieve or make arrangements for funeral services (or similar services) for a family member who died due to any crime of violence.

Do I have to give my employer notice?

Yes. You must provide the employer with at least 48 hours’ notice. Use our program to help you write a letter to request time off.  If you can't provide 48 hours notice, tell your employer as soon as possible that you are taking time off.

Your employer can also require you to give them a letter. The letter must state that you, or your family or household member, are a victim. It must also say that you are using the time off for one of the reasons above.

Finally, if you have one of the following documents, your employer can require you to give them a copy:

• A letter from someone at a victim services organization, an attorney, a clergy member, or medical professional;
• Police or court record;
• Death certificate or obituary of a family member who died due to a crime of violence; or
• Other relevant evidence.

If you do not have these documents in your possession, your employer cannot require you to give them a copy.

Can I ask my employer to change something to help me?

You can request that your employer make reasonable changes (“accommodations”) to help you stay safe and economically secure. If your employer doesn’t make the changes, they must tell you why doing so would be an “undue hardship.” An “undue hardship” means a change that would be very hard or expensive for the employer.

Reasonable changes may include an adjustment to a job structure, workplace, or work requirement. This could include:

• A transfer or reassignment;
• Different work schedule;
• Changed telephone number or seating assignment;
• Installation of a lock;
• A safety plan; or
• Help with documenting domestic or sexual violence that happens at the workplace.

Your employer must make the change promptly. They must consider any danger you may be facing.

Your employer is not allowed to tell anyone else about your situation unless you say it’s okay in writing.

Is my job safe?

Yes. Employers may not retaliate against you in any way for exercising your rights listed above. 

How do I file a [no-lexicon]complaint[/no-lexicon]?

Contact the Illinois Department of Labor within 3 years of the incident.

Can I get unemployment benefits if I leave my job?

Yes. If you need to leave your job for your safety, you can still get unemployment benefits, but you must give your employer written notice of your reason for leaving. 

You also must give information to the unemployment office. You need to give them as much information as possible. You do not have to prove that domestic violence occurred, but you must provide at least one of the following documents:

Helpful resources

Illinois Department of Human Services
Domestic Violence Helpline: (877) TO END DV or (877) 863-6338
(877) 863-6339 (TTY)

Illinois Department of Labor

Ascend Justice, a domestic violence legal clinic in Cook County.