Crime Victim Leave Laws in Wisconsin

Federal law does not provide a standalone crime victim leave statute at the national level. However, the federal Crime Victims' Rights Act (18 U.S.C. § 3771) establishes certain rights for crime victims in federal criminal proceedings, including the right to be present at court hearings and to receive notice of proceedings. Additionally, the Victims of Crime Act (42 U.S.C. § 10601) establishes federal funding for victim compensation and assistance programs, but does not mandate employer-provided leave. The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, may cover some crime-victim-related absences if they qualify as serious health conditions requiring treatment, but FMLA applies only to employers with 50+ employees and requires 12 months of service.

Employees seeking federal protections must generally look to individual state laws, as no comprehensive federal employment leave mandate exists for crime victims. The federal framework focuses on victims' rights within the criminal justice system rather than employment protections. State laws like Wisconsin's fill this gap by requiring employers to accommodate leave for victim-related purposes.

Wisconsin Statute section 103.035 provides a comprehensive crime victim leave law that is broader in scope than federal protections. The statute applies to all Wisconsin employers regardless of size—there is no minimum employee threshold, meaning even single-employee businesses must comply. Wisconsin law is stronger than federal law because it creates an affirmative employment protection, not merely a victim right within the judicial system.

Under Wisconsin Statute section 103.035(1), an employee who is a victim of a crime, or a family member of such a victim, has the right to take unpaid leave from work to attend criminal proceedings related to that crime. Section 103.035(2) expands this to include leave for victims to participate in services offered by a victim services organization or to receive medical or counseling services related to the crime. The statute broadly defines "crime" and does not limit leave to certain offense categories.

Section 103.035(1) explicitly prohibits an employer from discharging, threatening, or otherwise retaliating against an employee who takes crime victim leave. This anti-retaliation provision is comprehensive and covers any adverse employment action taken because of the employee's status as a crime victim or the employee's exercise of leave rights. Wisconsin law does not require advance notice from employees, though employers may reasonably request verification of victim status or the need for leave.

Remediations under Wisconsin law include reinstatement, back pay, and damages for violation of the statute. Employees can file complaints with the Wisconsin Department of Workforce Development or pursue private litigation. The statute provides for attorney's fees and costs when an employee prevails, making private actions economically feasible for employees.

Wisconsin Statute section 103.035 does not apply if the employee is the alleged perpetrator of the crime. The statute also does not require paid leave—employers must only provide unpaid leave, and may integrate crime victim leave with any paid time off the employee has accrued. An employer may require reasonable verification of the employee's status as a crime victim or victim's family member, such as documentation from law enforcement, the prosecutor's office, or a victim services organization.

The statute does not restrict an employer's right to require reasonable advance notice of the need for leave, provided such notice requirements do not effectively prevent the employee from exercising the right to leave. For example, an employer cannot require 30 days' advance notice for an emergency court appearance. However, where the employee knows in advance that a court date is scheduled, the employer may reasonably expect notice consistent with the employee's ability to provide it.

Crime victim leave does not apply to family members or friends of the victim who are not themselves victims or legally recognized family members as defined by the statute. The statute protects the crime victim and close family members, but does not extend to coworkers or friends who simply wish to support the victim. Additionally, the statute does not apply to civil proceedings or victim-initiated civil lawsuits; it covers only criminal proceedings and victim services.

Employers are not required to provide paid leave, modified schedules, or job modifications beyond granting the unpaid leave itself. An employee who exhausts all accrued paid time off and uses unpaid leave will not be paid during those unpaid absences. The statute also does not prohibit at-will termination for legitimate, non-retaliatory reasons unrelated to the crime victim leave.

Step 1: Document Everything. Keep detailed records of all absences related to your crime victimization, including dates of court appearances, victim services appointments, and medical or counseling sessions. Save any court notices, subpoenas, or documentation from the victim services organization or prosecutor's office. Take screenshots or print emails from your employer discussing your leave requests. Document any statements by supervisors or HR about your leave request, including whether they refused it or expressed concern. Keep copies of your work schedule, pay stubs showing unpaid time, and any written reprimands or negative performance reviews that coincide with crime victim leave requests.

Step 2: Request Leave Formally and Internally. Notify your employer in writing (email is acceptable) that you are a crime victim and need to take leave for a criminal proceeding, victim service, or medical/counseling appointment. Provide as much advance notice as practicable, but understand that emergency situations may not allow for advance notice. Reference Wisconsin Statute section 103.035 to make clear that you are asserting a legal right. Offer to provide documentation of the court appearance or victim service appointment. Keep copies of all written communications. If your employer denies leave or retaliates, document the denial or adverse action with dates and witness names. Do not resign; allow the employer to discharge you if retaliation occurs, as this strengthens a wrongful termination claim.

Step 3: File a Complaint with Wisconsin Department of Workforce Development. Contact the Wisconsin Department of Workforce Development (DWD), Division of Employment Rights, at (608) 266-6820 or visit https://dwd.wisconsin.gov/. You can file a complaint alleging violation of Wisconsin Statute section 103.035. The statute does not specify a filing deadline, but federal law principles suggest a complaint should be filed promptly—within one to two years is advisable. Provide a written statement explaining (1) your status as a crime victim, (2) the leave you requested, (3) the date you requested it, (4) how the employer denied or retaliated against you, and (5) any documentation such as court notices or email exchanges. Include your contact information, the employer's name and address, and the name of the supervisor or HR representative involved.

Step 4: Investigation and Administrative Process. The DWD will investigate your complaint, which typically takes 30–90 days. The agency will contact your employer for a response. You may be asked to provide additional documentation or clarify your account. The DWD will review whether the employer violated the statute and may attempt informal resolution. If the parties reach a settlement, the DWD will document it. If not, the DWD may issue a finding of violation or non-violation. If the DWD finds a violation, it may order the employer to cease the violation, reinstate you if you were fired, pay back wages, and pay damages. You have the right to request a hearing before an administrative judge if you disagree with the DWD's findings.

Step 5: Consider Private Litigation and Consult an Attorney. Wisconsin Statute section 103.035 allows private lawsuits against employers who violate the statute. If the DWD process does not resolve your case satisfactorily, or if you prefer to pursue a private claim immediately, consult an employment law attorney licensed in Wisconsin. An attorney can file suit in Wisconsin circuit court seeking damages, back pay, reinstatement, and attorney's fees. The statute does not specify a time limit for private lawsuits, but Wisconsin's general three-year statute of limitations for written contracts likely applies. An employment attorney will evaluate the strength of your case, estimate potential damages, and advise whether settlement negotiation or litigation is in your interest. Many employment attorneys will take these cases on a contingency basis given the potential for attorney's fee recovery.