Crime Victim and Witness Leave: Maryland

This Crime Victim and Witness Leave policy applies to employees in Maryland under Maryland's protections for crime victims and witnesses, including Md. Code, Criminal Justice Article § 9-205 and Md. Code, Criminal Procedure Article §§ 11-102, 11-302, and 11-303, and it helps you set clear expectations when an employee (or their family member) needs time off for a court-related proceeding. A Maryland-specific policy should explain when leave is available, how employees should give notice and share court documentation, whether the time off is paid or unpaid (and when PTO may be used), and your organization's commitment not to take adverse action against someone for taking covered leave.

The History Behind Crime Victim and Witness Leave Policies in Maryland

Maryland employers started treating crime victim and witness time off as a real workplace issue, not a personal favor, once lawmakers began adding enforcement provisions to Court Appearances & Civic Duty protections. The core idea is that the justice system runs on people showing up, and people with jobs often need protection to do that. Maryland built that protection into its criminal procedure laws by making it unlawful to penalize or fire someone for missing work to attend a court proceeding when they are a victim of a crime, a victim's representative, or a subpoenaed witness (see Md. Code, Criminal Procedure, § 11-102 and § 11-302).

Those rules grew out of the victims' rights movement that picked up speed nationally in the 1970s and 1980s, when states began acknowledging that victims and witnesses were getting squeezed between court obligations and paychecks, and some were being threatened with discipline if they testified. Maryland's General Assembly responded over time by expanding who's protected and what counts as a protected court appearance, including coverage for a victim's representative and for proceedings where attendance is "legally required or permitted." Maryland also paired the anti-retaliation concept with confidentiality rules around victim services records (Md. Code, Criminal Procedure, § 11-303), which is a quiet but important signal to employers that you should ask for only what you need to administer leave, then keep it confidential.

One more thing: Maryland has a separate statute that protects employees who must attend court under subpoena from being discharged or penalized (Md. Code, Courts and Judicial Proceedings, § 9-205). Put together, these laws pushed employers toward the consistent best practice of treating court-required attendance like a protected absence to plan around, and avoid knee-jerk discipline. The pay piece mostly stayed in employer hands (outside of narrow situations), so many employers filled the gap with clear rules on unpaid leave, optional PTO use, documentation, and manager handoffs, all of which reduces the odds that a supervisor turns a legally protected court appearance into an avoidable retaliation claim.

Which Law is the Crime Victim and Witness Leave Policy Meant to Comply With?

If you create and distribute a Crime Victim and Witness Leave Policy for your Maryland-based employees, it is in an effort to comply with Maryland's Courts and Judicial Proceedings Article, Section 9-205 and Criminal Procedure Article, Section 11-102, including related provisions in Criminal Procedure Article, Section 11-302 and Criminal Procedure Article, Section 11-303.

How to Write a Maryland-Specific Crime Victim and Witness Leave Policy

• Start with "why" and introduce the concept of job-protected time off for employees who are crime victims, have a family member who is a victim, or are witnesses who need to attend judicial proceedings.
• Define when leave is available based on participating in a judicial proceeding as a party or witness where attendance is legally required or permitted.
• Explain the expectation that employees give notice and share expected time away so your organization can plan for the absence.
• State whether the leave is paid or unpaid, including how pay treatment differs for non-exempt and exempt employees.
• Allow employees to use accrued PTO to receive pay during otherwise unpaid leave.
• Cover pay for non-exempt employees who are subpoenaed to testify on your organization's behalf.
• Reserve the right to request documentation supporting the need for leave.
• Include a non-retaliation commitment that employees won't be terminated solely for taking leave covered by the policy.
• Offer a point of contact for questions and help coordinating with the court about work scheduling.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

Most employers can skip a policy on this and be fine, as long as they comply behind the scenes when it applies. Consider adding it only if you have employees who are likely to run into this situation, your industry makes it more relevant, or your existing policies leave a gap. Otherwise, this is better handled as a targeted procedure or an one-off communication when the scenario actually comes up. 

Other Considerations

The law applies to Maryland employers who have at least 1 employee in the US.

Exceptions

None.