0204.doc - 481R - 200713-4439.  [Right to leave work; scheduled
proceedings; counseling; employment rights; nondiscrimination;
confidentiality; definition]{.underline}

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.0204.doc - 481R - 2007