Crime Victim Leave: Alabama

This Crime Victim Leave policy applies to employees in Alabama under Alabama's Crime Victims' Rights laws and explains when an employee who is subpoenaed as a crime victim can take unpaid time off to attend court proceedings, what notice and documentation you can request, and the non-retaliation protections your organization needs to follow.

The History Behind Crime Victim Leave Policies in Alabama

Crime Victim Leave in Alabama tracks a set of Court Appearances & Civic Duty rules, where the state expects people to show up for the justice system even when it interferes with work. Alabama built much of this framework through the Crime Victims' Rights Act, which defines who counts as a "victim" and gives victims specific rights in criminal cases. The definitions employers lean on come straight from Ala. Code 15-23-60, which spells out who qualifies (and who doesn't) when a crime leads to court involvement.

Alabama also added a direct employment protection for victims who get pulled into court by subpoena. Ala. Code 15-23-81 prohibits an employer from discharging or threatening to discharge an employee because the employee is subpoenaed to testify in a criminal proceeding as a victim. The statute does not require paid time off, so employers who want a clean, consistent approach usually document unpaid leave, notice expectations, and basic documentation rules that match how subpoenas and court dates actually work.

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

If you create and distribute a Crime Victim Leave Policy for your Alabama-based employees, it's meant to comply with Alabama's Crime Victims' Rights (Ala. Code 15-23-60) and Victim leave protections (Ala. Code 15-23-81).

How to Write an Alabama-Specific Crime Victim Leave Policy

• Start with "why" and introduce the concept, Alabama provides job-protected time off for crime victims to participate in court proceedings.
• Define who qualifies as a crime victim for this leave, including certain family members when the direct victim is killed or incapacitated, and excluding the accused and certain people in custody.
• State when leave is available, for employees subpoenaed to attend court proceedings related to the crime.
• Clarify that this leave is unpaid.
• Explain how employees should request the leave, including giving notice as soon as they know they will need time off.
• Allow your organization to ask for documentation supporting the need for leave.
• Include a non-retaliation and job-protection statement that your organization will not terminate or threaten termination for requesting or taking this leave.

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. 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground (and it meets Alabama's requirements), you may not need a separate policy here. 

Other Considerations

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

Exceptions

None.