Victim's Rights Article


Workplace Leave Laws for Crime Victims

An Arizona employee that works for an employer who has fifty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year is entitled to job protected leave if the employee is a victim of a crime or victim of a juvenile offense.  A.R. S. § 13-40-4439 & § 8-4-420.

This leave is unpaid.  However, the employee may require the employee taking leave use paid time off for the time away from work.

For what reasons may an employee take crime victim and juvenile offense leave?

Crime victim leave


An employee who is a victim of a crime may take leave to:

1. be present at all criminal proceedings in which the accused defendant has the right to be present. This includes any court proceedings that deal with the accused’s initial court appearance, releasing the accused after arrest, sentencing negotiations, sentencing, and probation revocation. 

2. obtain or attempt to obtain an order of protection, an injunction against harassment or any other injunctive relief to help ensure the health, safety or welfare of the victim or the victim's child.

Juvenile offense leave

An employee who is a victim of a juvenile offense may take leave to:

1.  be present throughout all court hearings in which the accused delinquent has the right to be present. This includes any court proceedings that deal with the juvenile’s initial court appearance, releasing the juvenile after arrest, detention proceedings, and probation revocation. 

2. obtain or attempt to obtain an order of protection, an injunction against harassment or any other injunctive relief to help ensure the health, safety or welfare of the victim or the victim's child

Does this law give the employee time off for injuries?

No. Arizona Crime Victim Leave Law does not give the employee the right to take time off due to physical or mental injuries caused by the crime or juvenile offense.  However, the Family Medical leave Act (“FMLA”) gives eligible employees job-protected time off for most injuries. 

Employers must provide employees with family medical leave if the employer has fifty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.  Employees are eligible for family medical leave if they have worked for the employer for one year, worked 1250 hours in the last 123 months, work for a location that has 50 or more employees within a 75 mile radius, and have not exhausted their twelve weeks of annual FMLA.  

What must the employee do?


The employee must tell his employer he is taking the time off before taking the time off allowed by the crime victim leave law or juvenile offense leave law. The law does not say how far in advance one must tell the employer of the time off.  However, an employee should tell the employer as soon as the employee knows of the need to take time off and remind the employer the day before the time off. 

The employee must also give the employer a copy of the notice of the proceeding the employee will attend.  Arizona courts will provide the victim a notice of any proceeding the victim has a right to attend.

Employer obligations

An employer must allow the employee the time off unless allowing the time off would create an undue hardship. If the time off creates an undue hardship for the employer, the employee may notify the prosecutor.  The court then may then reschedule the court proceeding to allow the employee to attend. 

The employer does not have to pay the employee for the time off under this law.  However, the employee may require the employee taking this leave to use paid time off for the time away from work.

An employer may not fire an employee who is a victim of a crime or juvenile offense because the employee exercises the right to leave work under this law.  The employer also cannot discriminate in any terms of employment against the employee who is a victim of a crime or juvenile offense because the employee exercises the right to leave work under this law.

What do I do if I feel my Victim Leave Rights are violated?

If you believe your employer is not providing you with your right to take time off under this law, you should review your employer’s leave policy to determine who you should speak to and arrange a meeting with that person.  Take the notice of court proceedings that you want to attend with you to this meeting.  You should also take a copy of the crime victim leave law or juvenile offense leave law with you to this meeting.
 
If, after speaking with your employer, the employer still does not give you the time off, you should contact the court hold the proceeding and ask them for help.  The best people to talk to at the court will be the prosecutor of court clerk.

If you are fired or discriminated against in any terms of employment because you exercised your right to leave work under this law, you should contact a private employment law attorney.

Comments:

QUESTIONS

  • My sister used my name and DOB when she was involved in a car accident The officer just took her word for it she had no proof she was who she said she was. My sister has four warrents. I dont know what I need to do to get out of this mess it just happened yesterday.
  • If you win a worksmans comp.case can you still sue the owner? And if you can how long do you have to file?
  • Do police officers need a reason to pull you over also can they search your car without a warrant
  • What should I do if I have information about a crime?

  • My teenage daughter and I were both arrest for domestic violence and both of us were prosecuted. Same case yet we were both identified as defendants which very effectively eliminated any accountability especially by the courts to address "Victim's Rights" at all. The words "dominate aggressor" does not exist , at least not in the statues in AZ. So my question is: How do the courts justify this? Is this ethical? Every justification so far has been absolutely absurd. Have you thought this through at all? Obviously: no victim, double fees, more income, more DV programs as Dual arrests increase
  • i RECENTLY HAD A GIRLFRIEND THAT I WANTED OUT OF MY HOUSE. uPON LEAVING WHEN I WAS NAPPING SHE TOOK IT UPON HERSELF TO GOUGE UP THE FACE OF MY GUITAR AND PUT NAIR IN MY SHAMPOO BOTTLE. wHAT ARE MY RIGHTS
  • I was on the highway when a vehicle rear ended me. Highpatrol exchange insurance information and never gave the driver a citation. I had to get medically treated and my car is not safe and messed up. When i filled a claim with my insurance company they said they couldnt do anything because the driver that hit me was not insured and the information he gave the officer was not valid. What can i do, i am hurt and my car is not safe to drive.
  • Is it possible to sue a financial estate guardian because they did not let family know where a disabled veteran was and it caused him to be mistreated.
  • About 2 months ago, I trusted my car to someone I thought was a friend because they claimed to need transportation to their job. I have not seen my car since and this person broke off all communication. I have no idea where either this person or my car are. The police will not help because I gave this person the keys. They say it's a civil matter and to file a suit. How can a suit be filed if the whereabouts of the person are unknown. I need to know what my options are and want this person held accountable for stealing my car.
  • My mom recently took her car in for brake change..she even supplied the breaks..left her name and phone number and said she would be back at 4pm to pick it up..she goes back to pick it up and the bill is $590..they did all her rotars too.which she is not disputing she might of needed them..but noone from the comoany called her and asked her if she wanted this extra work done..and now she is stuck with this $590 bill she wasnt expecting..jus went in for brakes

STORIES

  • Age discrimination in the workplace. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

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  • State Bar of Arizona
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    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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