Crime Victim Leave Rights: What Employers Should Know in 2023

If you feel like there’s more violence these days, you’re not wrong. The reality is that there’s been an uptick in mass shootings, violent attacks, and other crimes. In 2020, for instance, the US saw the largest single-year increase in murders ever recorded. And more recently, a survey by the Major Cities Chiefs Association found that the total number of violent crimes continued to rise in 2022.

As an employer, you need to understand the responsibilities you have to your employees if they become victims of a crime. Many rights afforded to victims are protected by law. Certain types of paid and unpaid leave—such as family and medical leave—are available to crime victims, depending on the federal, state, and local labor laws in place where your company does business or employs staff. A number of states have implemented leave rights specifically for victims of crimes as well. 

It’s important to include relevant information on this topic in your employee handbook. Below is a general overview of federal and state laws to get you started. Laws change and they come with fine print, so be sure to engage legal counsel, as always. 

Crime victim leave rights under federal law

The Family and Medical Leave Act (FMLA) is a federal law that provides certain rights to employees who need to take time off from work to attend to familial or personal matters. Specifically, it gives workers several weeks of unpaid leave to care for their own illness or to care for a family member.

Although this law doesn’t refer to them specifically, crime victims (or their family members) can take leave if they need to care for physical or nonphysical health condition(s) that resulted from the crime. 

Employees who want to take FMLA leave can only do so if the situation falls under certain criteria. If a crime victim wanted to use this time to recover from a serious illness, the employee’s condition must fall under one of the following circumstances:

• Require inpatient treatment
• Have a serious chronic health problem
• Cannot perform normal activities for more than three days and is under the care of a doctor

Similarly, if an employee wanted to take leave to care for a family member, it must be for a parent, spouse, or child only. Care for other family members—such as grandparents, domestic partners, siblings, and in-laws—is not covered under the FMLA.

Responsibilities companies have to their employees under the FMLA

Companies that are bound by the FMLA’s qualifications have three main responsibilities to their employees:

1. They must reinstate employees in the same position they had before they left, or a position equivalent in pay, benefits, and other working conditions
2. They must continue to provide health insurance to covered employees during their leave, if the company offers a group plan
3. They must allow employees to use their accrued paid time off, such as vacation or sick time, if they take FMLA leave (which is unpaid)

The FMLA covers a lot of ground for employers, and the information presented here is by no means exhaustive. Moreover, while the FMLA offers some accommodations to crime victims that fit the qualifications above, the federal protections for victims leave much to be desired. After all, the FMLA doesn’t apply to all employers, and there is no comprehensive leave coverage for crime victims specifically. Many states have victim rights through laws enacted at the state level. 

Crime victim leave rights under state law

States have made great strides in establishing rights for crime victims over the last few decades. While every single state has passed victims’ rights statutes that allow them to participate in the criminal justice process, 29 states have also incorporated victims’ rights into their constitutions—giving them even more protections. 

This patchwork of leave laws allow crime victims, and at times witnesses to a crime, to take time off from work without repercussions from their employer. They’re designed to help victims recover from these situations, get to safety, seek legal help, and rebuild their lives. 

Accommodations for victims and leave qualifications under these laws vary widely. Let’s take a look at the different types of leave that may be available to employees who become victims of a crime. A list of the states that offer leave accommodations to crime victims can be found at the end of this section. 

Crime victim and witness leave

Some states have also enacted laws that guarantee time off work for crime victims specifically, while others have extended leave rights (and other accommodations) to family members of crime victims as well.

Many states also have laws that protect employees who must take time off for legal matters related to a criminal case in which they are a victim or witness, although—again—the activities that are covered differ by state. 

Safe leave

Twenty-five states and the District of Columbia have enacted laws that guarantee time off work for victims of domestic violence, including:

• Arizona
• California
• Colorado
• Florida
• Hawaii
• Maryland
• Massachusetts
• Nevada 
• New Jersey
• Rhode Island
• Utah
• Washington 

A number of states have enacted similar laws for victims of human trafficking, sexual assault, and stalking as well. Together, these laws are known as safe leave laws. They typically include time off for court appearances and other activities to ensure safety and wellbeing. Leave may be paid or unpaid, depending on the state.

The following also differs among states that offer safe leave protections:

• The amount of leave time provided
• Qualified reasons for taking leave
• Notice and paperwork requirements for taking leave

As with FMLA, victims can take leave and receive accommodations through any types of leave for which they qualify.

State family and medical leave

As discussed earlier, many states have enacted their own versions of the FMLA. 

Some of these changes ensure that employees at smaller companies not bound by the FMLA are also able to take time off for medical or family matters. Other states offer employees additional accommodations on top of the ones provided by the FMLA, such as longer periods of leave or paid time off. 

Currently, 11 states and the District of Columbia offer paid family and medical leave, while another 14 states and DC require paid sick leave. 

Keep in mind that in areas where several family and medical leave laws (including federal, state, and local) are in place, the one that offers the most comprehensive protection to employees is the one that they are entitled to. Leave of absences can also be taken concurrently.

Keeping track of the numerous responsibilities you have to your workforce can be confusing, especially if it’s spread out among many different states and jurisdictions. Below is a table with more information about leave accommodations for crime victims by each state. 

Stay compliant with your local leave laws with these tips

Some municipalities go the extra mile and have further expanded the rights available to employees who become crime victims, so you’ll also want to check on the leave laws enacted by your county and city.

Remember, too, that laws change frequently. It’s your responsibility as an employer to stay up-to-date with the latest changes in legislation to ensure you’re compliant with all applicable regulations. Regularly verify state and local laws with the Department of Labor in your company’s jurisdiction and check in with your employment counsel.