                                 CODE OF VIRGINIA

EMPLOYERS TO ALLOW CRIME VICTIMS LEAVE TO ATTEND CRIMINAL PROCEEDINGS (§
40.1-28.7:2)

A. As used in this section:
			&#8220;Criminal proceedings&#8221; 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&#8217;s contact with or safety of the victim
   or if the modification involves restitution or incarceration status.
   				&#8220;Undue hardship&#8221; means a significant difficulty and expense to
   a business and includes the consideration of the size of the employer&#8217;s
   business and the employer&#8217;s critical need of the employee.
   				&#8220;Victim&#8221; has the same meaning ascribed to the term in &#xA7;
   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 &#xA7; 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&#8217;s leave creates an undue hardship to the
employer&#8217;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.

HISTORY: 2007, c. 423.