13-4439

13-4439. Right to leave work; scheduled
proceedings; counseling; employment rights; nondiscrimination;
confidentiality; definition

A. An employer who has fifty or more employees for each working day in each
of twenty or more calendar weeks in the current or preceding calendar year, and any agent
of that employer, shall allow an employee who is a victim of a crime to leave work to:

1. Exercise the employee's right to be present at a proceeding pursuant to sections
13-4414, 13-4420, 13-4421, 13-4422, 13-4423, 13-4426, 13-4427 and 13-4436.

2. Obtain or attempt to obtain an order of protection, an injunction against
harassment or any other injunctive relief to help ensure the health, safety or welfare of
the victim or the victim's child.

B. An employer may not dismiss an employee who is a victim of a crime because the
employee exercises the right to leave work pursuant to subsection A of this section.

C. An employer is not required to compensate an employee who is a victim of a crime
when the employee leaves work pursuant to subsection A of this section.

D. If an employee leaves work pursuant to subsection A of this section, the
employee may elect to use or an employer may require the employee to use the employee's
accrued paid vacation, personal leave or sick leave.

E. An employee who is a victim of a crime shall not lose seniority or precedence
while absent from employment pursuant to subsection A of this section.

F. Before an employee may leave work pursuant to subsection A of this section, the
employee shall do all of the following:

1. Provide the employer with a copy of the form provided to the employee by the law
enforcement agency pursuant to section 13-4405, subsection A, the information the law
enforcement agency provides to the employee pursuant to section 13-4405, subsection E, a
court order the employee is subject to or any other proper documentation.

2. If applicable, give the employer a copy of the notice of each scheduled
proceeding that is provided to the victim by the agency that is responsible for providing
notice to the victim.

G. It is unlawful for an employer or an employer's agent to 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 exercises the right to leave work pursuant to subsection A of this section.

H. Employers shall keep confidential records regarding the employee's leave
pursuant to this section.

I. An employer may limit the leave provided under this section if the employee's
leave creates an undue hardship to the employer's business.

J. The prosecutor shall inform the victim of the victim's rights pursuant to this
section. A victim may notify the prosecutor if exercising the victim's right to leave
under this section would create an undue hardship for the victim's employer. The
prosecutor shall communicate the notice to the court during the scheduling of proceedings
where the victim has the right to be present. The court shall continue to take the
victim's schedule into consideration when scheduling a proceeding pursuant to subsection
A of this section.

K. For the purposes of this section, "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.