HB 391: "An Act relating to employers and to victims of crime."

00 HOUSE BILL NO. 391 01 "An Act relating to employers and to victims of crime." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.61.017 is amended to read: 04 Sec. 12.61.017. Interference by victim's employer. (a) An employer may 05 not penalize or threaten to penalize a victim because the victim is subpoenaed or 06 requested by the prosecuting attorney to attend a court proceeding for the purpose of 07 giving testimony. 08 (b) An employer of a victim shall allow the victim to take leave from 09 employment to attend a criminal proceeding relating to that crime at which the 10 victim has a right to be present. An employer may not threaten to penalize a 11 victim for requesting leave under this subsection. An employer may limit the 12 amount of leave an employee may take if the employer would suffer undue 13 hardship to the employer's business or operations. If leave is limited under this 14 subsection, the victim may notify the prosecuting attorney. The prosecuting 15 attorney may notify the court, which may take the limitations into consideration

01 when scheduling proceedings related to the victim. This subsection applies only 02 to 03 (1) an employer who employs six or more persons in the state for 04 each working day during each of 20 or more calendar workweeks in the year in 05 which a victim requests leave to attend a criminal proceeding or in the year 06 preceding that request; 07 (2) a victim who 08 (A) has suffered personal injury from a felony or a person 09 who is a victim by reason of the person's relationship to a minor, 10 incompetent, or incapacitated person who has suffered personal injury or 11 death from a felony; and 12 (B) worked an average of more than 25 hours a week for 13 the employer for at least 180 days immediately before the date the 14 employee takes leave to attend a criminal proceeding. 15 (c) In this section [SUBSECTION], "penalize" means to take action affecting 16 the employment status, wages, and benefits payable to the victim, including 17 (1) demotion or suspension; 18 (2) dismissal from employment; and 19 (3) loss of pay or benefits, except pay and benefits that are directly 20 attributable to the victim's absence from employment to attend the court proceeding. 21 (d) [(b)] A person who violates (a) of this section is guilty of a violation. 22 (e) [(c)] A victim who suffers a pecuniary loss as a result of an employer's act 23 prohibited by this section may bring a civil action to recover actual damages and 24 punitive damages of three times the actual damages sustained.