SPRINGFIELD – The Illinois Department of Labor (IDOL) is reminding employers and employees about a new amendment, Public Act 104-0171, to the Victims’ Economic Security and Safety Act (VESSA) which clarify that employees may use an employer-provided device to document or record evidence of violence affecting themselves and or their family.
The amendment ensures that workers who use a business-owned device—such as a computer, tablet, or cellphone—to record or preserve evidence related to domestic violence, sexual violence, or stalking are protected under VESSA and may not be disciplined or retaliated against for that use.
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“This change recognizes the realities that victims of violence face during moments of crisis,” said IDOL Director Jane Flanagan. “No one should have to choose between their safety and their job when documenting violence against themselves or their family.”
For Employees
• Clarified Protections: Employees may use an employer-provided device to record or preserve evidence related to violence covered under VESSA and employers are required to grant the employee access to any photographs, recordings, or other digital documentation of violence on that device.
• Anti-Retaliation Safeguards: Employers may not retaliate against employees for exercising their rights under VESSA.
• Continued Leave and Accommodation Rights: The amendment does not change existing rights to VESSA leave or reasonable workplace accommodations for covered employees who are victims of a crime of violence, including domestic violence, sexual violence, or gender violence.
For Employers
• Policy Review: Employers should review their workplace technology and VESSA policies to ensure that they are consistent and reflect the updated law.
• Compliance Obligations: Employers must ensure that supervisors and HR staff understand employee protections related to device use during VESSA-covered incidents.
• Risk Reduction: Clear policies and staff training can help prevent unlawful discipline or retaliation.
Public Act 104-0171 took effect January 1, 2026.
The Leave Rights Division, which administers VESSA, the Paid Leave for All Workers Act, the Child Extended Bereavement Leave Act, the Employee Sick Leave Act, and the Family Bereavement Leave Act, can be reached at DOL.LeaveRights@illinois.gov and at (312) 793-2600.
