• Absence Specifications

Court Attendance Leave (Victim Representatives) – Mich. Comp. Laws §§ 780.762; 780.790; 780.822

Covered Employers: All employers

Employee Eligibility: All employees who are victims or victim representatives. A "victim representative" includes:

• A guardian or custodian of a child of a deceased victim if the child is less than 18 years of age;

• A parent, guardian, or custodian of a victim of an assaultive crime if the victim of the assaultive crime is less than 18 years of age

• A person who has been designated under sections 2(2), 31(2) or 61(2) to act in place of a victim of an assaultive crime during the duration of the victim's physical or emotional disability

However, an employee who is a defendant in the criminal proceedings or is incarcerated is not eligible for time off. In addition, an employee who is charged with a crime arising out of the same transaction from which the charge against the defendant arose is not eligible for time off.

Entitlement: An eligible employee may take leave to respond to a subpoena or request by the prosecuting attorney to serve as a witness or attend court during the employee's or another victim's testimony if:

• the employee suffered direct or threatened physical, financial, or emotional harm as a result of the commission of a crime;

• the victim of the crime is deceased and the employee is: (a) the victim's spouse; or (b) the victim's child who is 18 years of age or older if (a) does not apply; or (c) the victim's parent if (a) and (b) do not apply; or (d) the guardian or custodian of the victim's child if the child is under 18 years of age and (a) through (c) do not apply; or (e) the victim's sibling if (a) through (d) do not apply; or (f) the victim's grandparent if (a) through (e) do not apply;

• the victim is under age 18 and the employee is the victim's parent, guardian, or custodian (but not the defendant or incarcerated);

• the victim is mentally or emotionally unable to participate in the legal process and the employee is the victim's parent, guardian, or custodian (but not the defendant or incarcerated)

• he victim is physically or emotionally unable to exercise his/her legal rights as a crime victim and the employee is the victim's designated representative as his/her spouse, child (18 years of age or older), parent, sibling, grandparent, or person 18 years of age or older who is neither the defendant nor incarcerated;

Employer Notice: Not specified

Employee Notice: Not specified

Obligation to Provide Certifications or Documents Supporting Need for Leave: Not specified

Paid?: No

Benefits: Not specified

Reinstatement: Employers may not discharge, threaten or discipline employees for taking leave to attend or
appear as a witness in court when they have been a victim of violence crime.