40.1-28.7:2 - Employers to allow crime victims leave to attend criminal proceedings.
§ 40.1-28.7:2. Employers to allow crime victims leave to attend criminalproceedings.
A. As used in this section:
"Criminal proceedings" means a proceeding at which the victim has the rightor opportunity to appear involving a crime against the victim, including:
1. The initial appearance of the person suspected of committing the criminaloffense against the victim;
2. Any proceeding in which the court considers the post-arrest release of theperson accused of committing a criminal offense against the victim or theconditions of that release;
3. Any proceeding in which a negotiated plea for the person accused ofcommitting the criminal offense against the victim will be presented to thecourt;
4. Any sentencing proceeding;
5. Any proceeding in which postconviction release from confinement isconsidered;
6. Any probation revocation disposition proceeding or any proceeding in whichthe court is requested to terminate the probation of a person who isconvicted of committing a criminal offense against the victim; or
7. Any proceeding in which the court is requested to modify the terms ofprobation or intensive probation of a person if the modification willsubstantially affect the person's contact with or safety of the victim or ifthe modification involves restitution or incarceration status.
"Undue hardship" means a significant difficulty and expense to a businessand includes the consideration of the size of the employer's business and theemployer's critical need of the employee.
"Victim" has the same meaning ascribed to the term in § 19.2-11.01.
B. Every employer shall allow an employee who is a victim of a crime to leavework to be present at all criminal proceedings relating to a crime againstthe employee, as long as the employee has provided the employer with a copyof the form provided to the employee by the law-enforcement agency pursuantto subsection A of § 19.2-11.01 and, if applicable, provided the employer acopy of the notice of each scheduled criminal proceeding that is provided tothe employee as victim. However, an employer may limit the leave providedunder this section if the employee's leave creates an undue hardship to theemployer's business.
C. An employer shall not dismiss an employee who is a victim of a crimebecause the employee exercises the right to leave work pursuant to subsectionB.
D. An employer is not required to compensate an employee who is a victim of acrime when the employee leaves work pursuant to subsection B.
E. An employer shall not refuse to hire or employ, to bar or to dischargefrom employment, or to discriminate against, an individual in compensation orother terms, conditions, or privileges of employment because the individualleaves work to attend a criminal proceeding pursuant to this section.
(2007, c. 423.)