New York Crime Victims, N.Y. Penal Law § 215.14

Covered Employers: Employers with at least 1 employee

Employee Eligibility: All employees

Entitlement: An employer in New York cannot discharge or otherwise penalize an employee who takes time off from work to comply with a subpoena to testify in a criminal proceeding (including time off to consult with a district attorney), to give a statement at a sentencing proceeding, victim impact statement at a pre-sentencing proceeding, or statement at a parole board hearing.

Employees can take time off if they are:

• The victim of the crime at issue in the proceedings;

• The victim's next of kin;

• The victim's representative (meaning a person who represents or stands in the place of the victim, including but not limited to an agent, assignee, attorney, guardian, committee, conservator, partner, receiver, administrator, executor, heir, or a parent of a minor), if the victim is deceased as a result of the offense;

• A "Good Samaritan" (meaning a person who acts in good faith to apprehend a person who has committed a crime in their presence, to prevent a crime or an attempted crime from occurring, or to aid a law enforcement officer in effecting an arrest; or

• Pursuing an application or enforcement of an order of protection as provided under relevant law

Employer Notice: None

Employee Notice: Employees must provide notice the day before the absence unless an emergency.

Certification Supporting Need for Leave: The employer may request supporting documentation from the party who sought the attendance or testimony.

Paid: Not Specified

Benefits: Not specified

Reinstatement: Failure to reinstate may constitute unlawful discipline or termination

Other supporting documentation: Not Specified

Absence Specification