Illinois VESSA Amendment Protects Workers Documenting Violence on Work Devices

IL Labor News

Published January 1st, 2026

Detected February 27th, 2026

Summary

The Illinois Department of Labor has issued a reminder about Public Act 104-0171, an amendment to the Victims’ Economic Security and Safety Act (VESSA). This new law protects employees who use employer-provided devices to document violence affecting themselves or their families, prohibiting employer discipline or retaliation for such use. The amendment took effect on January 1, 2026.

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What changed

The Illinois Department of Labor (IDOL) is reminding employers and employees of a new amendment to the Victims’ Economic Security and Safety Act (VESSA), Public Act 104-0171, which took effect January 1, 2026. This amendment clarifies that employees are protected under VESSA if they use employer-provided devices, such as computers or cellphones, to document or record evidence of violence affecting themselves or their family members. Employers are prohibited from disciplining or retaliating against employees for this use and must grant employees access to any digital documentation of violence stored on the device.

Employers are advised to review their technology and VESSA policies to ensure compliance and train supervisors and HR staff on these updated employee protections. Employees are now explicitly protected from retaliation for using work devices to document violence covered under VESSA, while their existing rights to VESSA leave and accommodations remain unchanged. This amendment aims to prevent employees from having to choose between their safety and their job when documenting violent incidents.

What to do next

Review workplace technology and VESSA policies to ensure consistency with Public Act 104-0171.
Train supervisors and HR staff on employee protections related to device use during VESSA-covered incidents.
Ensure policies and training prevent unlawful discipline or retaliation against employees documenting violence on work devices.

Source document (simplified)

Release Date: 01/05/2026

New Law Protects Workers Who Document Violence Using Work Devices

FOR IMMEDIATE RELEASE
January 5, 2026

Contact:
Paul Cicchini 217-785-1719
DOL.PIO@Illinois.gov

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.

“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.