A new law enacted in Vermont late last month extends employment protections to victims of crime, specifically targeting victims of domestic abuse and sexual assault. The law, which goes into effect on July 1, makes employees who become victims of crimes a protected class and outlaws discrimination and retaliation against these employees, Jackson Lewis attorneys Martha Van Oot and Samuel V. Maxwell explain at Lexology:
In addition, the new law carves out circumstances upon which “crime victims” are allowed to take unpaid leave from employment. These circumstances … include allowing the employee to attend:
- A deposition or other court proceeding relating to a criminal proceeding where the employee is a “victim” and the employee has a right or obligation to appear at the proceeding;
- A relief from abuse hearing pursuant to 15 V.S.A. §1103 [a state domestic relations abuse prevention law] when the employee seeks relief as the plaintiff;
- A hearing concerning an order against stalking or sexual assault when the employee seeks relief as the plaintiff; or
- A hearing seeking relief from abuse, neglect, or exploitation when the employee seeks relief as the plaintiff.
The statute allows the employee to use accrued sick, vacation, or any other accrued paid leave in lieu of taking unpaid leave.
In this regard, Vermont’s law is similar to laws recently passed in other states and jurisdictions giving employees a right to use their paid sick leave as “safe leave” for court dates, counseling, or other matters related to addressing or protecting themselves from domestic violence. New York City amended its paid sick leave mandate to that effect last year, while Maryland and New Jersey included safe leave provisions in their new sick leave laws. California, Washington, and Minnesota also give employees the right to use their paid sick leave for these purposes, as do the Canadian provinces of Manitoba and Ontario. The only country that has a statutory safe leave entitlement at the national level is the Philippines, where it is spottily enforced, but Australian lawmakers are proposing to enact one as well.