Legal Information: Illinois

Workplace Protections

Updated: 
September 19, 2017

Can I take time off from my job or change my schedule to deal with domestic violence against me or a family/household member?

Yes.  Under Illinois State law, an employee who is a victim of domestic or sexual violence or who has a family/household member who is a victim may take unpaid leave from work if:

  • the employee or his/her family or household member is experiencing an incident of domestic or sexual violence; or
  • to address domestic or sexual violence.* 

If your employer employs at least 50 employees, you can take a total of 12 workweeks of leave during any 12–month period. If your employer employs at least 15 but not more than 49 employees, you can take a total of 8 workweeks of leave during any 12–month period.  If your employer employs at least 1 but not more than 14 employees, you can take a total of 4 workweeks of leave during any 12–month period.  (However, if you have already taken 12 weeks off under the federal Family and Medical Leave Act, this law does not permit you to take additional time.)**  The weeks can be taken intermittently (at different times) or on a reduced work schedule.***

You can also use existing paid leave (including family, medical, sick, annual, personal, or similar leave) instead of taking the unpaid leave but you cannot be required to do so - it's your choice whether to use paid leave or unpaid leave.****

* 820 ILCS § 180/20(a)(1)
** 820 ILCS § 180/20(a)(2)​
*** 820 ILCS § 180/20(a)(3)​
**** 820 ILCS § 180/25