Changes to Arizona Victim Leave Rights

Most employers know that in Arizona employees are entitled to a leave of absence if the employees are victims of crime. This law applies to employers with 50 or more employees. However, employers may not know this same rule applies to employees who are victims of juvenile offenses. Effective July 24, 2014, victim leave rights in both situations will become aligned.

Employers who have 50 or more employees must allow employees who are victims of crimes or juvenile offenses (as outlined in the statutes) leaves of absence to exercise their rights to be present at court proceedings or to obtain or attempt to obtain an order of protection, an injunction against harassment, or any other injunctive relief to help ensure the health, safety, or welfare of the victim or the victim’s child.

Employers are not required to compensate employees for victim leave. Employers may require employees to use accrued paid vacation, personal leave, or sick leave for such absences. Finally, employers cannot discriminate against employees in their terms and conditions of employment for taking leave. These rights are outlined in Arizona Revised Statutes sections 8-420 and 13-4439.