Crime Victim Leave
A Crime Victim Leave policy explains when employees who are crime victims (and, in some states, certain family members or representatives) can take job-protected time off for criminal justice proceedings and related safety actions, such as attending court, meeting with prosecutors or law enforcement, or seeking protective orders, including any notice, documentation, and unpaid or PTO-substitution rules required by state law.
How to Write a Crime Victim Leave Policy
- Start with "why" and introduce the concept.
- Define who can use the leave (victims and, where applicable, representatives or certain family members).
- Explain the covered reasons for leave related to the criminal justice process (court and related proceedings, preparation, meetings, protective orders).
- Clarify whether leave is paid or unpaid, and note any option to use available paid time off.
- Describe the notice expectation for requesting leave.
- State what documentation you may request to support the need for leave.
- Address whether requests can be denied due to undue hardship and how you will communicate a denial.
- Include a clear non-retaliation and non-discrimination commitment for requesting or taking leave.
- Close with where employees can go with questions.
For advice on writing a Crime Victim Leave policy in a specific jurisdiction, see below.
How to Write a Crime Victim Leave Policy for a Specific Jurisdiction
Reminder
The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.
