Crime Victim Leave Laws in New York

Federal law does not provide a standalone crime victim leave entitlement. The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, covers some crime-victim-related absences only if they constitute a serious health condition or involve domestic violence, sexual assault, or stalking under the military caregiver leave provisions. Under the Crime Victims' Rights Act, 18 U.S.C. § 3771, federal crime victims have certain rights in federal criminal proceedings, but this does not mandate employer-provided leave.

Employers covered by FMLA must provide up to 12 weeks of unpaid leave for qualifying reasons, including care arising from abuse. However, FMLA applies only to employers with 50+ employees within 75 miles, and covers only certain family relationships and conditions. The Occupational Safety and Health Act (OSHA), 29 U.S.C. § 654, protects employees who report crimes in the workplace, but does not mandate leave. The Equal Employment Opportunity Commission (EEOC) enforces federal anti-retaliation laws applicable to employees reporting certain crimes, but federal law provides no affirmative right to unpaid leave for crime victims generally.

State laws, including New York's, provide broader protections than federal law. New York's approach is among the most expansive, protecting all crime victims, not just those meeting FMLA criteria, and not conditioning leave on employer size. The New York Attorney General's Office and Crime Victims Board administer state-level resources.

New York Penal Law section 215.14 prohibits employers from discharging, threatening, intimidating, or in any way penalizing an employee because that employee has taken leave to participate in crime victim services. The statute protects employees without regard to employer size—it applies to all employers, including those with fewer than 50 employees not covered by federal FMLA.

Under New York law, crime victim leave covers: attendance at court proceedings related to a crime; meetings with the district attorney, law enforcement, or victim advocate; medical examinations; receiving counseling or other victim services; or relocation related to the crime. The law defines crime victim broadly and does not limit protection to specific crime categories or require the victim to have been physically injured. An employee need not be the direct victim; New York courts have recognized leave rights for family members attending proceedings on behalf of a victim.

Unlike federal FMLA, which applies only to employers with 50+ employees, New York's crime victim leave statute imposes no employer size threshold. This means sole proprietorships, small businesses, and large corporations are all covered. Additionally, New York law does not require the leave to be paid, but employers cannot force employees to use accrued paid time off or vacation for crime victim leave—it is a separate statutory right.

New York's law is stronger than federal baseline protections in three ways. First, it creates an explicit, independent right to leave for crime victims without requiring that the absence qualify as a serious health condition or fit within FMLA's family relationship definitions. Second, it applies to all employers regardless of size. Third, the statute expressly prohibits not only discharge but also threats, intimidation, or any other adverse employment action—a broader retaliation standard than some federal statutes. The New York Crime Victims' Board provides resources and services to victims, and the New York Department of Labor enforces the anti-retaliation provision.

New York Penal Law section 215.14 contains limited exceptions. The statute does not protect an employee if the employer proves the employee engaged in criminal conduct related to the crime or victim services activity—for example, if the employee was actually a perpetrator of the crime or obstructed justice. Additionally, the protection may not apply if the employee's absence would create an undue hardship on the employer, although New York courts interpret this narrowly and require the employer to demonstrate genuine operational difficulty, not mere inconvenience.

The law applies only to leave taken to participate in crime victim services; it does not extend to leave for unrelated purposes. If an employee uses the pretext of crime victim leave but is actually absent for other reasons, the statutory protection may not apply. However, employers bear the burden of proving such pretext.

At-will employment principles still apply to other conduct. An employer may lawfully discipline an employee for poor performance, violation of legitimate workplace rules, or other non-discriminatory reasons, provided the discipline is not retaliatory in response to crime victim leave. The statute does not create an absolute right to employment; rather, it prevents retaliation specifically for exercising the crime victim leave right.

Federal FMLA may interact with state law. If an absence qualifies under both statutes, the employer generally must grant leave under the more favorable standard. Union employees may have additional protections negotiated in collective bargaining agreements, and those protections are preserved.

The statute does not require employers to pay for crime victim leave. An employee is entitled to unpaid leave and cannot be forced to use accrued vacation or sick leave unless the employer's policy explicitly permits employees to use such leave for crime-related absences.

Step 1: Document the crime and your involvement. Keep copies of police reports, incident reports, restraining orders, court documents, or letters from prosecutors or victim advocates confirming your victim status and the dates you are attending court or receiving services. Maintain a personal log of each date you request or take crime victim leave, what services you attended, and any employer response. Preserve emails, texts, or written communications with your employer regarding leave requests.

Step 2: Notify your employer of the need for crime victim leave before the absence when reasonably possible. Provide written notice (email is acceptable) stating that you need to attend a court proceeding or crime victim service, the date if known, and that you are exercising your statutory right to crime victim leave under Penal Law section 215.14. Keep a copy of your notice and any employer response. Check your employee handbook to see if there is a formal leave request procedure, but do not allow an unreasonable or unduly burdensome procedure to discourage you from exercising your right. If your employer denies the request or retaliates, document the denial and any adverse action (e.g., discipline, negative comment, shift reduction).

Step 3: File a complaint with the New York Department of Labor if you experience retaliation. The DOL administers wage and hour complaints and certain employment rights violations. You can file online at www.labor.ny.gov or call 1-888-469-7365. Alternatively, you may file a complaint with the New York Attorney General's Office if you believe the violation involves criminal retaliation. Provide copies of all documentation: police reports, court records, your leave request, and any communications showing retaliation. The deadline to file is generally within three years under New York Penal Law section 215.14, though the statute of limitations may vary depending on the specific violation. Federal EEOC filing is not required for state-law crime victim leave claims, but you may have a federal retaliation claim under 18 U.S.C. § 3771 if the crime was federal.

Step 4: Expect the DOL or AG's office to investigate. The agency will contact your employer, request records of your employment, leave requests, and discipline history, and interview you and potentially witnesses. The investigation typically takes 30–90 days but may extend longer if discovery is needed. You will be notified of the investigation's outcome and any resolution or violations found. If the agency finds a violation, it may order the employer to reinstate you, restore backpay and benefits, and cease retaliation.

Step 5: Consult an employment attorney if retaliation is severe, you have been discharged, or the DOL investigation does not resolve the matter. An attorney can evaluate whether you have a claim for wrongful termination, breach of contract, or intentional infliction of emotional distress in addition to the Penal Law violation. If the crime was federal, an attorney can advise on federal crime victims' rights claims. Many employment attorneys offer free initial consultations. Look for attorneys licensed in New York and experienced in retaliation and employment law.