Virginia Code 40.1-28.7:2: Employers to allow crime victims leave to attend criminal proceedings.
A. As used in this section:
Terms Used In Virginia Code 40.1-28.7:2
- Employ: shall include to permit or suffer to work. See Virginia Code 40.1-2
- Employee: means any person who, in consideration of wages, salaries or commissions, may be permitted, required or directed by any employer to engage in any employment directly or indirectly. See Virginia Code 40.1-2
- Employer: means an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy doing business in or operating within this Commonwealth who employs another to work for wages, salaries, or on commission and shall include any similar entity acting directly or indirectly in the interest of an employer in relation to an employee. See Virginia Code 40.1-2
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
“Criminal proceedings” means a proceeding at which the victim has the right or opportunity to appear involving a crime against the victim, including:
1. The initial appearance of the person suspected of committing the criminal offense against the victim;
2. Any proceeding in which the court considers the post-arrest release of the person accused of committing a criminal offense against the victim or the conditions of that release;
3. Any proceeding in which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court;
4. Any sentencing proceeding;
5. Any proceeding in which postconviction release from confinement is considered;
6. Any probation revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation of a person who is convicted of committing a criminal offense against the victim; or
7. Any proceeding in which the court is requested to modify the terms of probation or intensive probation of a person if the modification will substantially affect the person’s contact with or safety of the victim or if the modification involves restitution or incarceration status.
“Undue hardship” means a significant difficulty and expense to a business and includes the consideration of the size of the employer‘s business and the employer’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 leave work to be present at all criminal proceedings relating to a crime against the employee, as long as the employee has provided 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. However, an employer may limit the leave provided under this section if the employee’s leave creates an undue hardship to the employer’s business.
C. An employer shall not dismiss an employee who is a victim of a crime because the employee exercises the right to leave work pursuant to subsection B.
D. An employer is not required to compensate an employee who is a victim of a crime when the employee leaves work pursuant to subsection B.
E. An employer shall not refuse to hire or employ, to bar or to discharge from employment, or to 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 this section.
2007, c. 423.