Virginia Crime Victims Leave - Va. Code. § 40.1-28.7:2

Covered Employers: All employers

Employee Eligibility: All employees

Entitlement:

Reasonable and necessary leave from work to be present at all criminal proceedings including a crime against the victim at which a victim has the right or opportunity to appear, including:

• The employee has suffered physical, psychological or economic harm as a direct result of the commission of a felony, assault and battery, maiming or driving while intoxicated; or

• The employee has suffered physical, psychological or economic harm as a direct result of the commission of stalking, sexual battery, or attempted sexual battery;

• The employee is the a spouse or child of the victim;

• The victim is a minor and the employee is the victim's parent or legal guardian; or

• The victim is physically or mentally incapacitated or was a homicide victim and the employee is the victim's spouse, parent, sibling, or legal guardian.

The employee is not eligible for leave if the employee is the person who committed the crime.

An employer may limit the employee's use of leave if the leave creates an undue hardship to the employer's business. Undue hardship means a significant difficulty and expense to the business and includes the consideration of the size of the employer's business and the employer's critical need of the employee.

Employer Notice: Not specified

Employee Notice: Employee must provide notice as soon as the need for leave is foreseeable. Employee must provide the employer with a copy of the form provided to the employee by the law-enforcement agency pursuant to subsection A of § 19.2-11.01 and, if applicable, provided the employer a copy of the notice of each scheduled criminal proceeding that is provided to the employee as victim.

Obligation to Provide Certifications or Documents Supporting Need for Leave: employer may require supporting documentation

Paid?: Unpaid

Benefits: Not specified, but the law states that an employer may not discriminate against an individual in compensation or other terms, conditions, or privileges of employment because the individual leaves work to attend a criminal proceeding pursuant to the statute.

Reinstatement: Not specified, but the law states that an employer shall not dismiss an employee who is a victim of a crime when the employee leaves work pursuant to this section.

Relationship with Other Leave: Not specified

ClaimVantage Absence Specifications