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Policy

Crime Victim and Criminal Proceeding Leave Policy - New York

About This Policy

Effective Date Supersedes Dec 5, 2016 Issuing Authority Executive Vice President Responsible Officer Human Resources



Statement of Policy

This Policy on Crime Victim and Criminal Proceeding Leave applies to New York University-New York (hereinafter, the “University”).

To Whom the Policy Applies

This Policy applies to any University employee who is the victim of a criminal offense or exercises his or rights as a victim (as provided under the applicable sections of the New York criminal procedure law and executive law), or who is subpoenaed to attend a criminal proceeding as a witness (pursuant to the applicable section of the New York criminal procedure law) (collectively, “covered employees”).

Policy and Procedures

Protections

In accordance with New York Penal Law § 215.14 and the terms and conditions of this Policy, the University may not discharge or otherwise penalize a covered employee on account of his or her absence from work where he or she notifies the University prior to taking leave of his or her intent to appear as a witness in a criminal proceeding, to consult with the district attorney, or to exercise his or her rights as a victim (as provided in the applicable sections of the New York criminal procedure law, family court act and executive law). Leave taken pursuant to this policy is unpaid unless otherwise provided below.

Verification

Upon request of the University, a covered employee shall provide verification of his or her time out the office from the party who sought the attendance or testimony.

Other University Leaves

When taken for the same purpose, leave taken under this Policy shall run concurrently with paid safe leave taken under the University’s Sick and Safe Leave Policy.

Upon exhaustion of paid safe leave, a covered employee may choose to have any unused, accrued vacation or personal days for which the employee is eligible run concurrently with leave taken under this Policy.

Anti-Retaliation

Retaliation against a covered employee for requesting or obtaining leave under this Policy is prohibited.

Definitions

A “victim” includes the aggrieved party, or the aggrieved party's next of kin if the aggrieved party is deceased as a result of the offense; the representative of a victim (as defined in the applicable section of the New York executive law); a good Samaritan (as defined in the applicable section of the New York executive law); or a person pursuing an application or enforcement of an order of protection (under the applicable sections of the New York criminal procedure law or the family court act).


Notes
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  1. Dates of official enactment and amendments: Not Available
  2. History: N/A
  3. Cross References: N/A