Policy

Crime Victim and Criminal Proceeding Leave Policy - New York



COVERAGE

Subject to the terms and conditions set forth below, this Policy applies to any employee of New York University-New York (the “University”) 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”).

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 will be unpaid. A covered employee may elect to use any applicable paid leave for which he or she is eligible under another University policy for any of the purposes stated under this Policy.  Such paid leave will run concurrently with the leave afforded under this Policy.

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.

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