New Crime Victim Employment Leave Act

Under the new Crime Victim Employment Leave Act employers with twenty-five or more employees must allow crime victims to leave work to attend court and other legal or investigative proceedings associated with prosecuting the
crime. Employers are not required to compensate employees during this leave, but employees may elect to use or employers may require employees to use accrued paid time off (such as vacation time). Before an employee may take a
crime victim employment leave, however, the employee must provide the employer with a copy of the notice of each scheduled hearing, conference, or
meeting provided to the employee. Employers must keep records about the crime leave confidential.

An employer may limit the employee’s crime victim leave if the employee’s absence will create an undue hardship. “Undue hardship” means significant difficulty and expense to a business and includes the consideration of the size of the employer’s business, the employee’s position and role within the business, and the employer’s need for the employee.

Employers cannot discharge, threaten, or otherwise discriminate against any employee because the employee exercised his or her right to leave work under this law. Also, employees cannot lose seniority while absent on this leave. An employer violating this law is subject to a civil penalty.

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