If you are a victim of crime, there are some important employment protections that may help you.
Time off to go to court
Under NYS law, you cannot be fired from your job or receive a penalty for going to criminal court or family court if:
- a prosecutor asks you to meet with them,
- you have received a subpoena (a written command) to go to court,
- you are serving as a witness in court, or
- you are trying to obtain an Order of Protection from Family Court.
You must notify your employer a day in advance, and you may need to supply proof that you were in court or other documents. You have the right to get the help of law enforcement or the prosecutor in informing your employer that you need to be absent from work.
Although you cannot be fired or penalized, your employee may withhold wages for the period of time that you are absent from work.
It is a crime if an employer does not follow this law.
Reasonable Accommodations
Depending on the size of your employer, if you are a victim of crime that results in long-term physical or mental injuries, such as depression or post-traumatic stress disorder, you can qualify as a person with a disability and be eligible for something known as “reasonable accommodations.” A reasonable accommodation is any change in the work environment, policies, or procedures that would allow a person with a disability to perform a job, apply for a job, or enjoy the same employment opportunities as other employees.
People with disabilities are entitled to reasonable accommodations under both New York law and federal law.
If you are entitled to a “reasonable accommodation” this means that you have the right to ask your employer to make changes to your workplace that will help you get a job or make it easier for you to continue to work there. Examples of accommodations can include changing your work schedule, modifying how a job can be performed, or having more unpaid time off for medical treatment.
These requests must be reasonable. Your employer does not have to make these changes to accommodate you if the changes would cause the employer a great deal of difficulty or expense. For example, if changing your work hours (or granting leave) would prevent other employees from doing their jobs, this could be considered “undue hardship” for the employer. But the employer must engage in an “interactive process” to see if there is a different accommodation that would meet your needs.
It’s important to know that you cannot make a request that removes something that is “an essential function” of your job. For example, an essential function of a cashier job may be to collect money from customers, a call center representative may have to verbally communicate with callers, and a taxi driver may have to ride in a vehicle with passengers sitting behind them.
You can find more information about disability rights at the NYS Attorney General’s website.
There is also helpful guidance, question and answer documents, and information about enforcing your rights under the law at the Equal Employment and Opportunity Commission and on the NYS Division of Human Rights website.
Some victims of crime may have serious health concerns – physical or emotional – that require medical care. If you are a victim of crime, you may be able to take time off from work to take care of yourself or your child, spouse or parent without losing your job. You have this right to unpaid leave under the federal Family and Medical Leave Act or FMLA. These rights can be invaluable if need time to heal after experiencing a crime.
What is the FMLA?
The FMLA is a law that allows employees to take unpaid leave for certain family and medical reasons.
Under the FMLA, you can take up to 12 weeks off from work to treat your health condition or care for a certain family member (spouse, child or parent). You or your family member must have a “serious health condition” which is an illness, injury, or mental condition that requires either an overnight stay in a hospital or continuing treatment by a health care provider.
What are my rights under the FMLA?
If you qualify for unpaid leave under the FMLA, you have the right to expect the following:
- Your position, pay and benefits will not change.
- You can return to work at the same salary.
- You can return to work at the same or similar position, and working condition.
- The same level of benefits during your time off and after you returns, if you received health insurance benefits.
- That any medical information about you or your family member will be kept confidential by your employer.
Who can get leave under the FMLA?
Only certain employees have the right to take time off under FMLA. You may be eligible for leave under the FMLA if:
- You work for a company that has over 50 employees within a 75-miles radius, and
- You worked there for at least 1,250 hours over the past 12 months.
You can go to the US Department of Labor to learn more about the FMLA.
What is NYS Paid Family Leave?
New York Paid Family Leave offers job-protected paid time off so you can take care of a close family member. (A child, step-child, spouse, domestic partner, parent, stepparent, parent-in-law, grandparent, or grandchild)
If you have a close family member who is a victim of crime, you may be eligible to use NY Paid Family Leave to take care of them.
New York Paid Family Leave is intended as a supplement to short-term disability benefits. So you can take Paid Family Leave before or after you take short-term disability.
To find out if you are eligible for Paid Family Leave and how to apply, go to NYS Paid Family Leave.
Or call the Paid Family Leave Helpline at 844-337-6303.
NYS offers some additional protections that may help victims of crimes like domestic violence.
Unemployment Insurance Benefits for Victims of Domestic Violence
Unemployment benefits are cash payments from the government that replace part of your salary while you look for a new job. In general, you cannot receive unemployment benefits if you decide to leave your job on your own. But you may be able to receive unemployment benefits if you can show that you left your job due to something called “good cause.”
Domestic violence can be considered a “compelling family reason” that shows good cause to leave a job. If you believe that continuing to work would jeopardize your safety or the safety of an immediate member of your family, this is may be a compelling reason to voluntarily separate from employment.
You may also be able to receive unemployment benefits if you were fired due to domestic violence.
To get unemployment insurance benefits, you may be asked for proof, such as a police report, an order of protection or a statement from a professional who helped you and knows how the abuse affected you. Even if you don’t have documentation of abuse, still apply for unemployment benefits, but you will need to explain to the Department of Labor representative why you do not have these documents.
You can find more information about domestic violence and unemployment insurance at the NYS Department of Labor website.
If you are denied unemployment insurance benefits and wish to appeal the decision you can find more information at the Department of Labor website.
Protection against Employment Discrimination
In NYS, employers cannot discriminate against an employee. This means employers cannot refuse to hire, fire, fail to promote, pay less, or treat an employee or job applicant differently because of their race, their country of birth, gender identity or expression, sex, religion, disability, age, citizenship status, sexual orientation, or other protected categories.
Under NYS law, victims of domestic violence are specifically protected from employment discrimination.
If you feel that you have been discriminated against, you can file a discrimination claim with the NY Department of Labor, the Division of Human Rights or the Equal Employment Opportunity Commission.
There are deadlines to filing claims against an employer. You can find information concerning the time to file a lawsuit on those websites.
