HR2420 CRIME VICTIM LEAVE POLICY (PDF).PDF

Maricopa County Policy Number: HR2420
Crime Victim Leave Revision: #
Category: Human Resources Administration Issued: June, 2003
Initiated by: Total Compensation Approved by: David Smith Revised:
A. Purpose
The purpose of this policy is to establish a formal procedure for an employee, who is a victim of a crime,
so that the employee may leave work in order to exercise the employee’s rights to be present at
proceedings. This policy allows the employee to use his/her leave accruals (PTO and FML) or take
leave without pay in any combination that the employee wishes to attend certain court proceedings.
An employee may elect to use FML and/or PTO leave accruals regardless of length of service.
B. Definitions
Undue Hardship: Significant difficulty and expense to a Maricopa County Department taking into
consideration the Department’s size and resources and the Department’s critical need of the
employee.
Victim: A person against whom the criminal offense has been committed, or if the person is killed or
incapacitated, the person’s immediate family or other lawful representative, except if the person is in
custody for an offense or is the accused.
Immediate Family: For purposes of this policy, a victim’s spouse, parent, child, sibling, grandparent,
or lawful guardian.
C. Policy
Maricopa County will allow an employee who is a victim of a crime to leave work in order to exercise
the employee's right to be present at statutorily specified proceedings. A qualified employee is
entitled to use either accrued Personal Time Off (PTO), accrued Family Medical Leave (FML), or
Leave Without Pay (LWO) in any combination while exercising his/her rights to attend proceedings as
a crime victim.
Reasons for Granting Victim Leave
Specifically, victims of juvenile offenses are given the right to leave work to be present at proceedings
under A.R.S. §8-395 (hearing to consider the post-conviction release from custody of the accused),
§8-400 (any hearing at which the accused has the right to be present), §8-401 (detention hearing),
§8-402 (hearing on possible post-arrest release), §8-403 (plea negotiation hearing); §8-405
(disposition hearing), §8-406 (probation modification or termination hearing) and/or §8-415 (re-
examination proceeding).
Similarly, victims of adult offenses are given the right to leave work to be present at proceedings
under A.R.S. §13-4414 (hearing on post-conviction release), §13-4420 (any proceedings in which the
defendant has a right to be present), §13-4421 (initial appearance), §13-4422 (post-arrest release),
§13-4423 (plea negotiations), §13-4426 (sentencing), §13-4427 (probation modification or
termination), and §13-4436 (re-examination proceeding).
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Maricopa County Policy Number: HR2420
Crime Victim Leave Revision: #
D. Authority and Responsibilities:
The Employee:
Procedure for Applying for Victim Leave
The employee seeking Victim Leave shall provide the Appointing Authority a copy of the form
provided to the employee by the law enforcement agency or a copy of the information the law
enforcement agency provided the employee in lieu of the form.
If applicable, the employee seeking Victim Leave shall provide the Appointing Authority 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.
An employee shall submit a request for Victim Leave at least two weeks in advance of such
leave, unless such advance time is not practicable or unforeseeable.
Undue Hardship
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, so that the prosecutor may communicate the
notice to the court during the scheduling of proceedings where the victim has the right to be
present.
The Appointing Authority:
Procedure for Approving Victim Leave
Upon receipt of the proper documentation qualifying the employee as a crime victim, the
Appointing Authority will approve the leave requested to attend proceedings at the dates/times
specified. The Appointing Authority may limit leave taken to attend proceedings if such leave
creates an undue hardship on the Department.
For purposes of this policy, the employee will be allowed to choose either Personal Leave (PTO),
Family and Medical Leave (FML), or Leave Without Pay (LWO).
The Appointing Authority will complete a Leave Form approving the type of leave requested so
long as accrued balances are sufficient for the paid time or, grant Leave Without Pay (LWO) as
requested.
Confidentiality
Care will be taken not to identify the employee as the victim of a crime when documenting the
leave so as to protect the confidentiality and privacy rights of the employee. All records related to
Victim Leave that may identify the employee as a victim of a crime will be afforded the same
safeguards as other confidential, personal information.
Non-Discrimination
The Appointing Authority 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
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Maricopa County Policy Number: HR2420
Crime Victim Leave Revision: #
privileges of employment because the individual leaves work pursuant to the provisions of this
policy.
E. Related Documents:
: Arizona Revised Statutes §8-420 and §13-4439
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Maricopa County Policy Number: HR2420
Crime Victim Leave Revision: #
MARICOPA COUNTY CRIME VICTIM LEAVE POLICY
ACKNOWLEDGMENT
I acknowledge that:
I have received, read, understand and agree to abide by the Crime Victim Leave Policy.
I understand that a copy of this signed Acknowledgement will be placed in my personnel file.
________________________________ _________________________________
Authorized User - Signature Supervisor - Signature
Date:
Authorized User (print):
Telephone No.:
Cost Center:
Supervisor (print):
Department:
Note: Original signed Acknowledgement maintained by the appointing authority, copy of the
Acknowledgement to Maricopa County Human Resources and to employee.
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