HB747: establishing the crime victim employment leave act.

HB 747 - AS INTRODUCED

2003 SESSION

03-0332

04/01

HOUSE BILL 747

AN ACT establishing the crime victim employment leave act.

SPONSORS: Rep. P. Sullivan, Hills 50; Rep. Leone, Sull 21; Rep. DeJoie, Merr 39; Rep. C. Pappas, Hills 49; Sen. Cohen, Dist 24; Sen. Larsen, Dist 15; Sen. Sapareto, Dist 19

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill establishes the crime victim employment leave act which requires that employers allow employees who are victims of certain crimes to leave work to attend court or other legal or investigative proceedings associated with the prosecution of the crime, or so that the employee may attend counseling sessions necessitated by the crime.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0332

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing the crime victim employment leave act.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Protective Legislation; Crime Victim Employment Leave Act. Amend RSA 275 by inserting after section 60 the following new subdivision:

Crime Victim Employment Leave Act

275:61 Definitions. In this subdivision:

I. "Employee" means employee as defined in RSA 275:4.

II. "Employer" means employer as defined in RSA 275:4, provided that for the purposes of this subdivision, an employer shall have 50 or more employees for each working day in each of 20 or more calendar weeks during any calendar year.

III. "Crime" means:

(a) Any felony or misdemeanor offense under state or federal law, including driving under the influence of drugs or liquor, which is reported to a law enforcement agency.

(b) An act of terrorism, as defined in 18 United States Code section 2331, committed outside of the United States against a resident of New Hampshire.

IV. "Victim" means:

(a) Any person who has been killed or has sustained personal injury as a result of a crime as defined in paragraph III.

(b) A resident of New Hampshire who is injured or killed by an act of terrorism, as defined in 18 United States Code section 2331, where such act is committed outside of the United States.

(c) A parent or guardian of a minor, or the spouse, parent, or guardian of an incompetent individual.

275:62 Right to Leave Work.

I. An employer shall permit an employee who is a victim of a crime to leave work so that the employee may attend court or other legal or investigative proceedings associated with the prosecution of the crime, or so that the employee may attend counseling sessions necessitated by the crime. Counseling sessions shall be conducted by a certified psychiatrist, psychologist, pastoral psychologist, clinical social worker, or clinical mental health counselor.

II. An employer shall not discharge an employee who is a victim of a crime because the employee exercises his or her right to leave work pursuant to this subdivision.

III. An employer shall not be required to compensate an employee who is a victim of a crime and who exercises his or her rights under this subdivision.

IV. An employee who leaves work pursuant to this subdivision may elect to use, or an employer may require the employee to use, the employee's accrued paid vacation time, personal leave time, or sick leave time.

V. An employee shall not lose seniority while absent from his or her employment under this subdivision.

VI. Before an employee may leave work under this subdivision, he or she shall provide the employer with a copy of the notice of each scheduled hearing, conference, or meeting that is provided to the employee by the court or agency responsible for providing notice to the employee.

VII. An employer shall maintain the confidentiality of any written documents or records submitted by an employee relative to an employee's request to leave work under this subdivision.

275:63 Limitations on Leave. An employer may limit the leave provided under this subdivision if the employee's leave creates an undue hardship to the employer's business. In this section "undue hardship" means a significant difficulty and expense to a business, and includes the consideration of the size of the employer's business, the employee's position and role within the business, and the employer's need for the employee.

275:64 Discrimination Prohibited. No employer shall discharge, threaten, or otherwise discriminate against any employee regarding such employee's compensation, terms, conditions, location, or privileges of employment because the employee has exercised his or her right to leave work as provided under this subdivision.

275:65 Penalties. Any employer violating any provision of this subdivision shall be subject to a civil penalty of up to $500 for each day of noncompliance, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. An employer aggrieved by the commissioner's assessment of such penalty may appeal in accordance with RSA 273:11-b.

2 Effective Date. This act shall take effect January 1, 2004.