An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

L EAVE F OR V ICTIMS O F C RIMES

Section 10

A. L EAVE F OR V ICTIMS T O A TTEND C RIMINAL C OURT P ROCEEDINGS An employee who is a victim of a criminal offense listed below is entitled to take time off from work, upon the employee’s request, to appear in court to be heard at any proceeding, including any delinquency proceeding, involving a post arrest release decision, plea, sentencing, post conviction release decision, or any proceeding in which a right of the victim is at issue. 1358 This leave is available to victims of any of the following offenses:  Vehicular manslaughter while intoxicated;

 Felony child abuse likely to produce great bodily harm or a death;  Assault resulting in the death of a child under eight 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; and  Sexual assault. 1359

For purposes of this leave, a “victim” is any person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term “victim” also includes the person’s spouse, parent, child, sibling, or guardian. 1360 Employees must provide “reasonable advance notice” of their intent to take this leave unless the advance notice is not feasible. 1361 When an unscheduled absence occurs, the School cannot take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the School. Certification shall be sufficient in the form of any of the following:  A police report indicating that the employee was a victim of one of the above specified offenses.

 A court order protecting or separating the employee from the perpetrator of a specified offense, or other evidence from the court or prosecuting attorney that the employee has appeared in court.  Documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, health care provider, or counselor

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 311