EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE 

VICTIMS ECONOMIC SECURITY AND SAFETY ACT (VESSA)

  

EMPLOYEE ENTITLEMENT

 

All employees may take up to twelve weeks of unpaid VESSA leave during each consecutive 12-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.  VESSA leave shall be granted to enable employees who are victims of domestic or sexual violence to maintain financial independence necessary to leave abusive situations and to protect the civil and economic rights of employees who are victims of domestic or sexual violence and employees with a family or household member who is a victim.

 

EMPLOYEE ELIGIBILITY

 

To be eligible for VESSA benefits, a University of Illinois employee must:

 (1) currently be an employee in active status;

 (2) be a victim of domestic or sexual violence or have a family or household member (defined as spouse, parent, son, daughter, and persons jointly residing in the same household) who is a victim.

 

APPLICATION PROCEDURES

 

Employees should complete the TO BE COMPLETED BY EMPLOYEE portion of the VESSA Leave Form and submit it to their supervisor. The supervisor or department designee completes the TO BE COMPLETED BY DEPARTMENT portion and returns to the employee. A copy should be retained in the department separate from the employee’s personnel file. DO NOT SEND A COPY TO THE HUMAN RESOURCES OFFICE.

 

Note: UIUC Academic Professionals (AP) should submit the form to the Academic Human Resources office and Faculty to the UIUC Provosts office. UIS academic staff should submit a signed copy of the form to the UIS Provost Office.

 

CERTIFICATION

 

Certification may be requested by the supervisor to verify eligibility for VESSA leave taken for reasons other than medical. This certification documentation may be in the form of (1) a sworn statement of an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or other professionals from whom the employee or the employee’s family or household member has sought assistance; and (2) a police or court record or other collaborating evidence. Such certification shall be submitted to the head of the employing unit as requested.  Units may seek assistance from the campus human resources office regarding the acceptability of the certification provided. Any expenses associated with obtaining the certification shall be the responsibility of the employee. An employing unit may require an employee to obtain subsequent recertifications on a reasonable basis.

 

FMLA medical certification issued by the employee’s or household members health care provider shall be required to support a request for unpaid VESSA leave for a serious health condition in accordance with University Family and Medical Leave policies.

 

RETURN FROM VESSA LEAVE

 

An employee who has been absent for VESSA leave shall be restored to the position of employment held by the employee when the leave commenced; or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. An employee on leave may be required to report periodically to the supervisor or unit head on his or her status and intention to return to work.

 

USE OF PAID AND UNPAID LEAVE

 

Employees have the option to take VESSA leave with or without pay.  An employee may request to apply accrued vacation and/or sick leave (sick leave may only be used for medical reasons in accordance with Civil Service and Academic sick leave policies) during the twelve-week period in accordance with Policy and Rules for Civil Service Staff or with campus Academic policies. Any portion of the twelve-week period for which accrued leave is not applied shall be without pay.

 

EFFECT OF VESSA LEAVE ON LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT (FMLA)

 

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. 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, but depletes the 12-week FMLA entitlement when used. 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.

 

INSURANCE COVERAGE AND RETIREMENT CONTRIBUTIONS DURING UNPAID LEAVE

 

Coverage of group health and dental insurance shall be continued by the University at the same level that coverage would have been provided if the employee had remained in continuous employment. Employees are responsible for paying the employee-paid portion of any insurance premiums presently paid by payroll deduction. If required payments are not made by the employee during the leave period, insurance coverage may be DISCONTINUED, and the employee will be offered continuation of benefits through COBRA. Employees are encouraged to contact the Benefits Center to arrange for billing within thirty days following the last day of paid employment.

Employees pay the entire premium plus a 2% administrative fee for COBRA coverage. Central Management Services (CMS) mails monthly billing statements to the employee's home address on or about the tenth of each month. Bills for the current month are due by the twenty-fifth of that month and are paid to CMS. Individuals electing COBRA coverage have 45 days from the date coverage is elected to pay currently due premiums. Failure to submit payment by the due date terminates COBRA rights.

The University may recover any premiums paid for maintaining coverage for the employee during any period of leave if the employee fails to return from VESSA leave after the period of leave to which the employee is entitled has expired and if the employee fails to return to work for a reason other than the continuation, recurrence, or onset of domestic or sexual violence or other circumstances beyond the employee’s control.  

 

To determine the effect of VESSA Leave on the accumulation of service time for retirement and to assure continuation of contributions, the employee should contact SURS at 1-800-ASK-SURS.

 

QUESTIONS

 

Employees should discuss questions or disagreements about leave under VESSA with their immediate supervisors.  If concerns are not resolved at the supervisory level, the unit head should review the issues.  If the unit head is unable to resolve the issue, the dean or director should be consulted.  Should questions remain, the campus human resources office will provide assistance to both the employee and the unit.

 

Interpretation of specific requirements of the VESSA policy is subject to provisions contained in the full text of the Act.  Questions regarding the provisions of VESSA and the Illinois Department of Labor Regulations for its implementation should be directed to the campus human resources office.

 

 

 

 

 

UNIVERSITY OF ILLINOIS

VESSA FORM

 

Effective July 2004, the University of Illinois implemented the Victims Economic Security and Safety Act Policy in compliance with the State of Illinois Victims’ Economic Security and Safety Act of 2003. Such leaves shall be granted to enable employees who are victims of domestic or sexual violence to maintain financial independence necessary to leave abusive situations and to protect the civil and economic rights of employees who are victims of domestic or sexual violence and employees with a family or household member who is a victim. VESSA leaves are granted by the department/unit. Employees are entitled to up to twelve workweeks of unpaid VESSA leave during each consecutive twelve-month period for which eligibility criteria have been met.  Employees may substitute accrued sick leave (for medical reasons) and vacation & personal leave for unpaid VESSA leave.  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. Requests for VESSA Leave should be made 48 hours in advance of the leave, unless not practicable.  

 

TO BE COMPLETED BY EMPLOYEE

Employee Name:  _____________________________________ UIN:  ____________________   Dept./Unit:  __________________________________________ Office Phone:  ______________   Title:  __________________________________________________________________________

REASON FOR LEAVE

______  Domestic or sexual violence of employee*   ______  Domestic or sexual violence of family or household member*                 Name of individual:  _________________________  Relationship:  _____________________ *FMLA Medical Certification required if an unpaid leave for a serious health condition

REQUEST TO USE BENEFITS

IF NO AMOUNTS ARE ENTERED, THE LEAVE WILL BE UNPAID (MARK ALL THAT APPLY)   ______  Apply all vacation leave    OR     ______ hours/days of vacation to this leave ______  Apply all sick leave*         OR     ______ hours/days of sick leave to this leave *Sick leave can only be applied if the leave time is for medical reasons.

EXPECTED DURATION

LEAVE WILL BE TAKEN AS (check one):   ______  a block of time from  _______________ to _______________                                                  (month/day/year)                 (month/day/year) ______ intermittently (e.g., separate blocks of time) (please describe on separate sheet)   ______  temporarily reduced work schedule (please describe on separate sheet)   I have read the “Employee Rights and Obligations Under VESSA” handout attached and understand all my rights and obligations under this policy. I also understand that any leave taken as designated VESSA leave (paid and/or unpaid) that also qualifies as an FMLA event will count toward my twelve-week FMLA leave entitlement. I certify and affirm that all information provided is true and accurate.   _____________________________________________             _____________ Employee Signature                                                                                                              Date

TO BE COMPLETED BY DEPARTMENT {SEE EMPLOYEE RIGHTS AND RESPONSIBILITIES}

1.   Is the employee in active status?                                                                                   Yes        No       (If no, the employee is not eligible for VESSA leave.)               2.   Has the employee provided certification that he/she is a victim of                                   Yes       No             domestic or sexual violence or has a family or household member (defined         as spouse, parent, son, daughter, and persons jointly residing in the same household) who is a victim.                3.  What type of certification documentation has been provided (circle all that apply)?                             A. A sworn statement of the employee (completion of this form with the employee’s signature                      satisfies this requirement); and,                                B. 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 or                      sexual violence and the effects of the violence; or                             C. a police or court record; or                             D. other corroborating evidence.                        3a.  Is the reason for the leave because of the employee’s serious health condition?           Yes        No        (If yes, employee must complete the FMLA application.)   3b.  Is the reason for the leave because of the employee’s parent, child, or spouse’s           Yes        No  serious health condition? (If yes, employee must complete the FMLA application.)                                        3c. If you answered yes to 3a or 3b, has the employee provided the FMLA medical            Yes        No       certification (which is required for employee’s own or family member’s serious        health condition) to support the request for leave?                4.   The employee has _______ number of weeks/hours of VESSA leave entitlement              remaining at the time of this leave request.   Based on the answers above, is the employee eligible for VESSA leave?          Yes      No               If no, state reason. _______________________________________________________________________________ _______________________________________________________________________________   The department acknowledges that benefits will be applied as shown on the first page of this form:   ______  vacation leave hrs    ______  sick leave hrs        ______  unpaid hrs   ______  vacation leave days  ______  sick leave days      ______  unpaid days   Please sign below to indicate your review of this VESSA leave request.   _____________________________________________  ___________________________ Authorized Departmental/Unit Signature                                                           Date     If the department believes that the employee is not eligible for VESSA leave, please consult your campus Human Resources office before denying the leave.  You may also contact HR if you have additional questions.