Crime Victim Leave: Delaware

This Crime Victim Leave policy applies to employees in Delaware under Delaware's Crime Victims' Bill of Rights (11 Del. C. § 9409) and supports employees who need time away from work to participate in or attend criminal justice proceedings as a victim or a victim's representative. Your organization can use a clear, non-retaliation focused policy like this to set expectations around notice, unpaid leave and optional PTO use, and the types of proceedings covered (including domestic violence, sexual offenses, and stalking), while staying aligned with Delaware's employee protections.

The History Behind Crime Victim Leave Policies in Delaware

Crime victim leave is one of the more practical parts of Court Appearances & Civic Duty because the justice system requires people to show up in court. Delaware's Crime Victims' Bill of Rights, signed into law in July 1992, gives crime victims (and certain representatives) the right to be present and heard at key stages of a criminal case. That same statute also tells employers they cannot discharge or discipline an employee for exercising those rights.

The push for these protections tracks a broader victims' rights movement that picked up speed in the late 20th century, after decades of criticism that criminal cases focused on the state and the defendant while treating victims like bystanders. Delaware's approach is straightforward: if a prosecutor needs a victim's help preparing for a proceeding, if a victim's attendance is reasonably necessary to protect the victim's interests, or if a subpoena requires attendance, work cannot be used as the pressure point that keeps someone away. Employers started formalizing crime victim leave policies because managers needed a consistent way to handle sudden court-related absences, and because the anti-retaliation rule in Section 9409 creates real risk when a well-meaning supervisor reacts badly to an employee missing work for a hearing.

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

If you create and distribute a Crime Victim Leave Policy for your Delaware-based employees, it is in an effort to comply with Delaware's Crime Victims' Bill of Rights (11 Del. C. § 9409).

How to Write a Delaware-Specific Crime Victim Leave Policy

• Start with "why" and introduce the concept as job-protected time off for employees who are crime victims (or their representatives) to participate in the criminal justice process.
• Define the main reasons leave may be used, such as preparing for proceedings at a prosecutor's request, attending proceedings to protect the victim's interests, and responding to subpoenas.
• Clarify that the policy covers proceedings tied to domestic violence, sexual offenses, and stalking.
• Explain the pay approach, unpaid by default with the option to use available paid time off.
• Set an expectation that employees give notice as soon as they know they will need leave.
• Include a non-retaliation commitment for requesting or taking crime victim leave.
• Provide a point of contact for questions.

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 Delaware's requirements), you may not need a separate policy here. 

Other Considerations

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

Exceptions

None.