Crime Victim Leave Laws in Pennsylvania

Federal law does not provide a standalone crime victim leave entitlement. However, the Crime Victims' Rights Act, 18 U.S.C. § 3771, establishes certain rights for federal crime victims in the federal criminal justice system, though it does not directly mandate employer-provided leave. Some states have enacted their own crime victim leave statutes. The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, may provide leave for victims of domestic violence, sexual assault, or stalking in some circumstances, but only to employers with 50+ employees. The FMLA is enforced by the U.S. Department of Labor Wage and Hour Division. Most federal protections focus on victim rights within the criminal justice system rather than employment protections, making state law the primary source of workplace rights for crime victims.

The EEOC does not enforce federal crime victim leave laws in the employment context. Instead, workplace protections for crime victims are primarily a matter of state law. Pennsylvania's approach is notably protective, offering unpaid leave rights without federal equivalence in most jurisdictions.

Pennsylvania's Crime Victims' Bill of Rights, codified at 43 Pa.C.S. § 5104, directly grants employees the right to take reasonable unpaid leave from work to attend or participate in court proceedings, investigative interviews, or activities related to their victimization. This statute applies to all employers in Pennsylvania, including private employers of any size—there is no minimum employee threshold. The statute is stronger than federal law in this regard because it provides explicit employment protection without limiting coverage to large employers.

43 Pa.C.S. § 5105 specifically prohibits employers from discharging, threatening, or otherwise retaliating against an employee because the employee exercises rights under the Crime Victims' Bill of Rights, including taking leave. This creates a cause of action for retaliation separate from the leave entitlement itself. Unlike some state victim protection laws, Pennsylvania's statute does not distinguish between types of crimes; it applies broadly to any crime victim.

Under Pennsylvania law, the employee's duty is to provide the employer with reasonable notice of the need for leave when practicable. The statute does not specify an exact number of days' notice required, instead using the reasonableness standard. Employers cannot require the employee to use accrued paid leave, vacation, or personal days for crime victim leave purposes—the law explicitly addresses unpaid leave. Pennsylvania's definition of "court proceedings" includes not only trial but also bail hearings, preliminary hearings, sentencing, parole hearings, and restitution proceedings. The statute also covers participation in investigative processes and victim advocacy activities, making it broader than leave statutes that address only court attendance.

Pennsylvania law contains limited explicit exceptions to crime victim leave rights. However, important nuances apply. First, the employer's obligation is limited to granting "reasonable" leave—courts may examine whether the frequency or duration of leave requests exceeds what is reasonable given the case's status and proceedings. An employee taking leave multiple times per week for months may face employer pushback on reasonableness, though retaliation remains prohibited.

Second, the statute covers leave for the victim's own victimization; it does not automatically extend to leave to support a family member who is a crime victim, though an employee might seek this under other protections like FMLA for domestic violence situations. Third, the crime must be one recognized by law—leave for participation in civil proceedings unrelated to criminal victimization is not protected, nor is leave for crimes committed by the employee themselves.

Fourth, employers may require reasonable documentation of the need for leave, such as a court notice or investigator's request. If an employee repeatedly claims leave without credible documentation, an employer may deny future requests pending verification. Fifth, the statute does not prevent employers from enforcing legitimate workplace policies, such as requiring timely notification or preventing leave during critical business periods—though the employer cannot retaliate for the leave itself. Additionally, collective bargaining agreements may provide greater protections or different procedures, and those prevail over statutory minimums. Federal FMLA may provide paid leave in some domestic violence situations where Pennsylvania's crime victim leave statute provides only unpaid leave.

Step 1 — Document Your Crime Victimization and Leave Need: Obtain and retain copies of all documentation related to your victimization and required court or investigative appearances. Collect court notices, subpoenas, protective orders, police reports, or victim advocate correspondence indicating dates and times of required appearances. Keep records of the crime itself (case number, arresting agency, investigating officer contact information) and save all communications with your employer about leave requests, including emails, text messages, or handwritten notes. Document the dates you took leave, hours missed, and the specific purpose (court date, investigator meeting, victim services appointment).

Step 2 — Notify Your Employer of the Need for Leave: Provide your employer with reasonable notice of the need for leave as soon as practicable. Notify in writing (email or memo) rather than verbally so you have documentation. Include the date(s) you need leave, the reason (court proceeding, investigative interview, etc.), and supporting documentation if available (court notice, subpoena). Keep a copy of your notification. If an emergency makes advance notice impossible, notify your employer as soon as you can after taking the leave and provide documentation of the legitimate need. Request that your employer confirm receipt of your notice and does not require use of paid time off or vacation days for crime victim leave.

Step 3 — File a Complaint if Retaliation Occurs: If your employer retaliates—by threatening termination, demoting you, reducing hours, or any adverse action—file a retaliation claim under 43 Pa.C.S. § 5105. You can file in Pennsylvania state court or with the Pennsylvania Human Relations Commission (PHRC) if you believe the retaliation also involves discrimination based on a protected class. The PHRC accepts complaints of discrimination and may investigate retaliation claims. File within 180 days of the retaliatory action for PHRC complaints, though state court claims may have a two-year statute of limitations. Alternatively, contact the Pennsylvania Office of Victim Advocate (OVA) at 717-787-5435 or visit www.ova.pa.gov for guidance on asserting your crime victim rights and reporting employer violations.

Step 4 — Understand the Investigation and Resolution Process: The PHRC will investigate your retaliation complaint if accepted. Expect the agency to contact your employer for their explanation and gather documentation from both sides. The investigation typically takes 60–180 days. You may also file a civil lawsuit in Pennsylvania state court under 43 Pa.C.S. § 5105 seeking damages for retaliation without filing with PHRC first. If proceeding through court, you can claim breach of statutory duty and seek compensatory damages (lost wages, emotional distress), and potentially punitive damages if retaliation is willful. Your employer must prove a legitimate, nondiscriminatory reason for any adverse action if you raise a retaliation claim.

Step 5 — Consult an Employment Attorney: Consult a Pennsylvania employment lawyer if your employer denies leave, requires use of paid time off, or retaliates. An attorney can assess whether the employer's conduct violates 43 Pa.C.S. § 5104 or § 5105, negotiate with your employer, or file a civil action. Look for an attorney licensed in Pennsylvania with experience in employment law and workers' rights. Many offer free consultations. Contact the Pennsylvania Bar Association's Lawyer Referral Service at 800-932-0682 or visit www.pabar.org to find a qualified attorney in your area.