3.20 · Time Away from Work and Other Benefits
Leave to Attend Court Proceedings for Serious Crimes
While Florida law does not contain a specific statute mandating leave for victims of serious crimes to attend court hearings, the Company, as a matter of policy, prohibits discrimination against and will grant time off to any employee who is a victim of certain serious criminal offenses and who wishes to appear in court to be heard at any related proceeding. This includes any delinquency proceeding, post-arrest release decision, plea, sentencing, post-conviction release decision, or any other hearing in which a right of the victim is at issue. Florida Statutes Section 92.57 also bars employers from disciplining employees who appear in court in response to a subpoena, and Florida Statutes Section 794.027 protects victims of sexual battery.
For the purposes of this policy, a "victim" is any employee who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a serious criminal offense. The term also includes the employee's spouse, domestic partner, parent, child, sibling, or guardian. Covered offenses include the following:
- Vehicular manslaughter while intoxicated
- Felony child abuse likely to produce great bodily harm or 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, such as kidnapping, rape, or assault
- Hit-and-run causing death or injury
- Felony driving under the influence causing injury
- Specified sexual assault
Before taking time off under this policy, employees must give the Company reasonable advance notice of their intent to be absent, unless advance notice is not feasible. If an unscheduled absence is required because the employee is a victim, the employee must furnish a certification within a reasonable time. Acceptable forms of certification for an unscheduled absence include a police report identifying the employee as a victim of one of the specified offenses; a court order protecting or separating the employee from the perpetrator, or other evidence from the court or prosecuting attorney that the employee has appeared in court; or documentation from a medical professional, victims' advocate, counselor, or health care provider confirming that the employee was undergoing treatment for physical or mental injuries resulting from the crime.
Information about the situation, including the employee's request for time off, will be kept confidential to the greatest extent possible.
Employees may use accrued PTO or sick leave to receive compensation while taking time off under this policy. Exempt employees may be paid for time off when payment is required to comply with state and federal wage and hour laws.