HR - Crime Victim Leave - CA

Policy Statement and Reason

For the purpose of this policy, employees include California faculty and staff unless otherwise indicated in sections below. All provisions of this policy apply, except that for employees covered by a collective bargaining agreement, this policy does not create any benefits not expressly provided by that collective bargaining agreement and if there are inconsistencies between this policy and the collective bargaining agreement, the terms of the collective bargaining agreement will govern. 

Employees who were the victim of certain covered felony crimes (defined below), or have immediate family members, registered domestic partners, or children of domestic partners that were victims of certain covered felony crimes (defined below) may take unpaid time off from work to attend judicial proceedings related to those crimes. This policy complies with California law.

Policy Guidelines

Eligibility

Regular full-time, regular part-time and temporary employees are immediately eligible to take Crime Victims Leave if they are victims of certain covered felony crimes described below.  “Victims” shall include immediate family members of victims (defined as spouses, parents, children, siblings or guardians), registered domestic partners of victims, or children of registered domestic partners of victims.

Notification

Employees must provide reasonable advance notice to their supervisors of their need to take Crime Victims Leave, including copies of documentation in the form of subpoenas or other court orders, if feasible. When advance notice is not feasible and unscheduled absences occur, employees are required to provide certification within 30 days of the absences. Certification for unscheduled absences in the following forms shall be sufficient: (a) police reports indicating that employees are victims of offenses described below, (b) court orders protecting or separating employees from perpetrators, or other evidence from the courts or prosecuting attorneys that employees have appeared in court, or (c) documentation from licensed medical professionals or counselors relating to these offenses.

Use of Sick, Personal and Vacation Time

  • Non-Exempt: Non-exempt staff employees may use available sick time (if applicable), personal time and vacation time for Crime Victim Leave. Non-exempt staff employees may take Crime Victim Leave as unpaid if they have no available sick, personal and/or vacation time.
  • Exempt: Exempt staff employees are paid a salary and receive the same amount of pay every pay period, regardless of how many hours they work. They do not receive overtime pay.  When not working for more than half a day, exempt staff employees may use available sick time, personal time and vacation time. Exempt staff employees may take Crime Victim Leave as unpaid if they have no available sick, personal and/or vacation time.
  • Faculty Employees: For foreseeable absences, Faculty must provide the Chair with advance written notice and must receive prior approval when absent for more than two sessions or when a weekly class is missed more than once in order to coordinate coverage or makeup sessions. In the case of unreported and/or excessive absences, the Chair notifies the Dean.  

Covered Felony Crimes

Employees may take leave under this policy related to the following felony offenses (further defined in the California Penal Code):

  • Vehicular manslaughter while intoxicated
  • Felony child abuse likely to produce great bodily harm or death
  • Assault resulting in the death of a child under eight (8) years of age
  • Felony domestic violence
  • Felony physical abuse of an elder or dependent adult
  • Felony Stalking
  • Solicitation for murder
  • A serious felony
  • Hit-and-run causing death or injury
  • Felony driving under the influence causing injury
  • Sexual assault
  • Theft or embezzlement

Confidentiality and Documentation

The College will keep any records, including documentation in the form of subpoenas, court orders, or approved certification regarding an employees’ absence from work for Crime Victims Leave, confidential to the extent allowed by law.

Other Information

Related Policies

Key Offices to Contact 

Please contact Human Resources for further information regarding this policy and its implementation.       

Links to Procedures or Forms

Not applicable

Definitions

Not applicable

 

The contents of this policy are informational only and are not conditions of employment.  This policy does not create any contractual obligations or alter the at-will employment of the College’s at-will employees. Emerson College reserves the right to modify, revoke, suspend, terminate, or change any and all policies and procedures at any time, with or without notice, as consistent with state and federal law.

 

Policy Effective Date:  May 2019