8-420

8-420. Right to leave work; scheduled
proceedings; 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 JUVENILE OFFENSE TO
LEAVE WORK TO EXERCISE THE EMPLOYEE'S RIGHT TO BE PRESENT AT A PROCEEDING PURSUANT TO
SECTIONS 8-395, 8-400, 8-401, 8-402, 8-403, 8-405, 8-406 AND 8-415.

B. AN EMPLOYER MAY NOT DISMISS AN EMPLOYEE WHO IS A VICTIM OF A JUVENILE
OFFENSE 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
JUVENILE OFFENSE 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 JUVENILE OFFENSE 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 8-386, SUBSECTION A OR A COPY OF THE
INFORMATION THE LAW ENFORCEMENT AGENCY PROVIDES TO THE EMPLOYEE PURSUANT TO SECTION
8-386, SUBSECTION E.

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 LEAVES 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 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.