New Hampshire Crime Victims

Crime Victims Leave - N.H. Rev. Stat. §§ 275:61-65

Covered Employers: 25 or more employees for each working day in each of 20 or more calendar weeks during any calendar year.

Employee Eligibility: All Employees

Entitlement: An employer shall permit an employee who is a victim of a crime (including the immediate family of a minor or incompetent victim, or the immediately family of a homicide victim) to leave work to attend court or other legal or investigative proceedings associated with the prosecution of the crime. An employer may limit the amount of the employee's leave if the leave creates an undue hardship to the employer's business, which means a significant difficulty and expense to the business, and includes the consideration of the size of the employer's business, the employee's position and role within the business, and the employer's need for the employee.

Employer Notice: Not Specified

Employee Notice: Before an employee may leave work, the employee must provide the employer with a copy of the notice of each scheduled hearing, conference, or meeting that is provided to the by the court or agency responsible for providing notice to the employee.

Obligation to Provide Certifications or Documents Supporting Need for Leave: Prior to taking leave, the employee must provide a copy of the notice of each scheduled hearing, conference, or meeting that is provided to the employee by the court or agency responsible for providing notice to the employee.

Paid?: Unpaid. The employee may elect to use, or an employer may require the employee to use, the employee's accrued paid vacation time, personal leave time, or sick leave time.

Benefits: Not Specified

Reinstatement: Yes. Also, the employee may not lose seniority while on leave. No employer shall discharge, threaten, or otherwise discriminate against any employee regarding such employee's compensation, terms, conditions, location, or privileges of employment because the employee has exercised his or her right to leave work.

Other Important Definitions/Requirements: "Victim" means any person who suffers direct or threatened physical, emotional, psychological, or financial harm as a result of the commission or the attempted commission of a crime. "Victim" also includes the immediate family of any victim who is a minor or who is incompetent, or the immediate family of a homicide victim. "Immediate family" means the father, mother, stepparent, child, stepchild, sibling, spouse, grandparent, or legal guardian of the victim; or any person involved in an intimate relationship and residing in the same household with the victim. An employer must maintain the confidentiality of any written documents or records submitted by an employee related to the employee's request to leave work.

Relationship with Other Leave: Not Specified

Absence Specifications

Concurrency

  • Does not run concurrently with any other leave type

Intake Trigger

  • Personal Protected Leave

  • Qualifying Relationships: parent, child, sibling, spouse, grandparent, other

Employer eligibility requirements

  • 25 or more employees

Employee Eligibility requirements

  • 0 length of service

  • 0 hours worked

Length of time provided

  • Open

Calendar Type

  • Not specified. Default to same as FMLA, can be configured by customer