Employers must provide unpaid leave of any length to victims of crimes or public offenses (domestic violence, sexual assault, stalking, or crimes causing physical or mental injury), as well as to those threatened with physical injury (Crime Leave). Crime Leave enables time to address related issues, including court appearances or obtaining legal relief such as a restraining order to protect against further violation to the victim or his/her child. Crime Leave is also available to employees needing time following the crime-related death of a family member.

An employee may use available accrued vacation, paid sick leave, or other paid time off that is available to him or her.

Absent an exception (e.g., intervening business needs), employers must reinstate a returning employee to his or her former position or an equivalent position.

Short of unexpected circumstances, an employer may require reasonable advance notice of intended Crime Leave.  For an unscheduled absence, within a reasonable time, employee must furnish a police report, court order, medical or counseling attestation, or any other writing that reasonably verifies the crime or abuse occurred.

An employer must keep the employee’s identity private except as required by law or as necessary to protect the employee’s workplace safety. Management must notify the employee before any such disclosure.

Employers are also responsible for reasonable accommodations for employees seeking personal safety at work.

For employers with at least 25 on payroll, employee victims may also request additional leave for medical attention; to obtain help from a domestic violence shelter, program, rape crisis center, or victim services organization or agency; for counseling; and to take safety precautions such as temporary or permanent relocation, provided the total leave does not exceed twelve (12) weeks in a 12-month period.

Policy Drafting Tip:

• Covered employers should implement a Crime Leave policy providing all required rights and protecting covered employees’ privacy and safety.

Take-Aways:

Implement and regularly review your handbook to include all applicable leave policies, including voting leave, and educate and train your supervisors on these laws.

We publish this series to educate employers on best practices for a well-written handbook that assists applicants, employees, and management alike. To purchase our 2024 template handbook – which contains the above policy and much more – and accompanying forms or for more information, please contact Office Manager Aimee Rosales at 626.583.6600 or officemgr@tbowleslaw.com.

See also:

• Handbook Helper Episode 42: Work Time Off for Voting (June 7, 2024)
• Team Building Insurance: Workplace Policy Handbook & Forms (May 22, 2024)
• What’s New In 2024: Reproductive Loss Leave (November 2, 2023)
• First Responder Job Security: Emergency Service Volunteer Leave Policies (October 23, 2023)

Helena Kobrin
June 21, 2024