4.05(2) Victim's Leave
Applicability: All University Employees
Reference: Arizona Revised Statutes § 13-4401; § 13-4439; § 8-420
Origination date: 9/1/2011
The purpose of this policy is to provide victim's leave to eligible employees in accordance with the State of Arizona Victim's Leave Laws (A.R.S. § 13-4439 and A.R.S. § 8-420).
Any University employee is eligible for leave under this policy, except that the employee is not eligible if a family member is the victim and the employee is in custody for the offense or accused of the crime.
As defined in ARS § 13-4401, a "victim" is 1) a person against whom the criminal offense has been committed, or 2) if the person is killed or incapacitated, the person's immediate family or other lawful representative, unless the family member or lawful representative is in custody for an offense or is the accused. Immediate family is defined as a parent, parent-in-law, brother, sister, spouse, child, grandparent, grandchild, and any other person who is a permanent member of the employee's established household. A parent is defined as a natural parent, stepparent, adoptive parent, or surrogate parent (a person who raised the employee as his/her child). A child is defined as a natural child, adoptive child, foster child, stepchild, or a child whom an employee has assumed the responsibility of raising. A “lawful representative” is a person who is designated by the victim or appointed by the court and who acts in the best interests of the victim.
Duration and Qualifying Reasons
The law authorizes employees who are victims of crimes to leave work to exercise the right to be present at legal proceedings related to the crime.
Although the law does not limit the duration of Victim’s Leave, the University reserves the right to limit the leave provided under the law depending upon the circumstances, specialization or critical
nature of the employee’s position as well as the practicality of replacing the employee. Such a determination will be made by Human Resources after consultation with the appropriate dean, director or department head.
A request for Victim's Leave must be made to the employee's immediate supervisor, providing as much notice as possible. In making this request, the employee shall provide
- a copy of the form provided to employee by the law enforcement agency, and
- a copy of the notice of each scheduled proceeding that is provided to the victim by the responsible agency, if applicable.
Pay and Benefits
When using Victim's Leave, the eligible employee is required to use accrued vacation leave, accrued sick leave, and any earned compensatory time to cover the leave. If the eligible employee does not have any such paid leave time available, then the Victim’s Leave will be unpaid. During a period of unpaid leave, an employee is responsible for both the employee and employer portions of benefit premiums.
The employee will not be penalized for requesting or obtaining a leave of absence pursuant to this policy.