Vermont amends Crime Victim Leave law

Vermont has enacted legislation (House Bill 477), which extends protections under its crime victim leave law. House Bill 477 is effective immediately.

Background:

Vermont employers must provide unpaid leave to certain employees who are the victims of a crime to attend a deposition or court proceeding. Employers must also post a written notice regarding an employee's right to crime victim leave.

Covered Individuals:

The law covers a person who has obtained a relief from abuse order, an order against stalking or sexual assault or an order against abuse of a vulnerable adult; or someone who sustains physical, emotional, or financial injury or death as a direct result of the commission or attempted commission of a crime or act of delinquency.

It also includes an employee's family member, provided they are a minor, a person who has been found to be incompetent or a homicide victim.

Note: A victim must be identified as such in an affidavit filed by a law enforcement official with a prosecuting attorney; and must include the victim's child, foster child, parent, spouse, stepchild or ward of the victim who lives with the victim, or a parent of the victim's spouse, provided that the person is not identified in the affidavit as the defendant.

House Bill 477:

The law is expanded to include alleged victims (those that are alleged in a qualifying affidavit) who sustain physical, emotional, or financial injury or death as a direct result of the commission or attempted commission of a crime or act of delinquency, and their family members as defined under current law.

House Bill 477 also amends the following definitions:

Violent Crime:

The law clarifies that a violent crime under law is a " listed crime " under Vermont law, and includes any comparable offense in another jurisdiction.

Family Member:

An alleged victim is a person who is either a minor; was found to be incompetent; is alleged to have suffered physical or emotional injury, or was killed, due to the violent crime or act of delinquency. They must also not be identified in an affidavit as the defendant, and be the alleged victim's:

• Child, foster child, stepchild, or ward who lives with the alleged victim;
• Spouse or civil union partner;
• Domestic Partner: Individuals who have an enduring domestic relationship of a spousal nature, as long as they:
• Sibling;
• Grandparent;
• Grandchild;
• Legal guardian, parent or a parent of the alleged victim's spouse, domestic partner, or civil union partner; or
• An individual for whom the alleged victim has day-to-day responsibilities to care for and financially support; or, for an alleged victim, an individual who had such responsibility for the alleged victim when the alleged victim was a child.

Next Steps:

Vermont employers should review their leave policies and procedures to ensure compliance with House Bill 477.