Citations Affected: IC 35-40.
Synopsis: Employee/victim right to attend proceedings. Provides that
an employee who is the victim of a crime may take unpaid leave from
work to attend court proceedings and confer with the prosecuting
attorney concerning the crime unless the employee's absence would
cause significant difficulty or expense to an employer. Prohibits an
employer from reducing employee benefits to an employee who
exercises the employee's rights as a victim or from refusing to employ
a person who has exercised the person's rights as a victim, and requires
that employment records concerning an employee's absence be kept
confidential. Requires a prosecuting attorney to advise a victim of the
victim's rights as an employee. Makes other changes.
Effective: July 1, 2007.
January 11, 2007, read first time and referred to Committee on Labor and Employment.
A BILL FOR AN ACT to amend the Indiana Code concerning labor.
employee has the right to leave work to exercise the employee's
right as a victim to:
(1) be present at a proceeding in accordance with:
(A) sections 5 through 7 of this chapter; and
(B) IC 35-40-11-1; and
(2) confer with a representative of the prosecuting attorney's
office in accordance with section 3 of this chapter.
(b) An employer:
(1) may not:
(A) dismiss an employee; or
(B) reduce or restrict the:
(i) seniority;
(ii) precedence;
(iii) eligibility for a promotion;
(iv) eligibility for a salary increase; or
(v) eligibility for any other work related benefit;
of an employee who exercises the employee's rights under this
section;
(2) may require an employee to use the employee's accrued
vacation time, personal time, sick time, or compensatory leave
time during the period the employee is absent from work
while exercising the employee's rights under this section; and
(3) is not required to compensate an employee for any work
time lost due to the employee's exercise of the employee's
rights under this section.
(c) An employee may not exercise the employee's rights under
this section unless the employee provides the employer with a copy
of:
(1) the notice of victim's rights provided to the employee
under IC 35-40-6-4; and
(2) any notice of scheduled proceedings that has been
provided to the employee.
(d) Records maintained by an employer concerning an
employee's exercise of the employee's rights under this section are
confidential.
(e) An employer may not refuse to employ a person because the
person has exercised the person's rights under this section.
(f) An employer may restrict the amount of time an employee is
absent under this section if the employee's absence would create
significant difficulty or cause significant expense to the employer
in light of the size of the employer's business and the importance
of the employee to the operation of the employer's business.
the victim was convicted or acquitted; or
(B) the charges were dismissed against the defendant accused
of committing the offense against the victim.
(9) In a county having a victim-offender reconciliation program
(VORP), provide an opportunity for a victim, if the accused
person or the offender agrees, to:
(A) meet with the accused person or the offender in a safe,
controlled environment;
(B) give to the accused person or the offender, either orally or
in writing, a summary of the financial, emotional, and physical
effects of the offense on the victim and the victim's family; and
(C) negotiate a restitution agreement to be submitted to the
sentencing court for damages incurred by the victim as a result
of the offense.
(10) Assist a victim in preparing verified documentation
necessary to obtain a restitution order under IC 35-50-5-3.
(11) Advise a victim of other rights granted to a victim under the
law, including the rights of an employee under IC 35-40-5-10.