Crime-Victim and Witness Court-Attendance Leave Request Packet - Montana

VICTIM OR WITNESS CRIMINAL-JUSTICE PARTICIPATION PACKET

Montana — Mont. Code Ann. § 46-24-205

Use Part A for a victim or qualifying family member participating at the prosecuting attorney's request. Use Part B for victim-or-witness employer-notification assistance. Do not present Part B alone as a statutory bar on employer action.

1. EMPLOYEE AND EMPLOYER

2. CRIMINAL CASE AND WORK IMPACT

Court or prosecuting attorney's office: [________________________________]

Case identifier, using the minimum necessary information: [________________________________]

Participation date and time: [________________________________]

Expected work absence: [DATE / START / END]

• ☐ Prosecutor request securely presented
• ☐ Subpoena securely presented, if issued
• ☐ Scheduling notice securely presented
• ☐ Cancellation or continuance updates requested

Do not attach police reports, medical records, victim addresses, or offense narratives unless current law or counsel requires them.

PART A — PROTECTED VICTIM OR FAMILY-MEMBER PARTICIPATION

3A. STATUTORY GATE

Confirm every applicable element:

• ☐ The employee is the victim.
• ☐ The employee is the victim's spouse.
• ☐ The employee is the victim's child by birth or adoption.
• ☐ The employee is the victim's stepchild.
• ☐ The employee is the victim's parent or stepparent.
• ☐ The employee is the victim's sibling.
• ☐ The employee is not accountable for the crime or for a crime arising from the same transaction.
• ☐ The prosecuting attorney requested the participation.
• ☐ The participation is preparation for or attendance at a criminal justice proceeding.

Only the victim or a qualifying family member uses Part A. An ordinary witness who is not the victim or a qualifying family member should use Part B unless another protection applies.

4A. NOTICE OF PROTECTED PARTICIPATION

The employee gives notice of participation covered by Mont. Code Ann. section 46-24-205(3). The employer may not discharge or discipline the employee for the covered participation.

Participation requested by: [PROSECUTING ATTORNEY / OFFICE]

Nature of participation:

• ☐ Preparation requested by the prosecuting attorney
• ☐ Attendance at a criminal justice proceeding
• ☐ Both preparation and attendance

Expected schedule impact: [________________________________]

Requested workplace coordination:

• ☐ Schedule adjustment
• ☐ Available paid-leave use
• ☐ Unpaid time
• ☐ Other policy or agreement treatment: [________________________________]

Section 46-24-205 does not itself require paid leave.

Employee signature: __________________________ Date: ______________

5A. EMPLOYER RESPONSE

• ☐ Statutory gate confirmed
• ☐ Absence approved
• ☐ Schedule adjusted
• ☐ Paid leave available: [TYPE / HOURS]
• ☐ Unpaid time available: [HOURS]
• ☐ No discharge or discipline entered for the covered participation
• ☐ Additional minimally necessary confirmation requested
• ☐ Counsel review required

Employer representative: _____________________ Date: ______________

PART B — VICTIM OR WITNESS EMPLOYER-NOTIFICATION ASSISTANCE

3B. ASSISTANCE GATE

• ☐ The employee is a victim.
• ☐ The employee is a witness.
• ☐ Cooperation in the prosecution may necessitate absence from employment.
• ☐ The employee requests law-enforcement or prosecuting-attorney assistance informing the employer.

Status confirmed by law enforcement, prosecutor, or victim-witness program: [________________________________]

4B. LIMITED ASSISTANCE REQUEST

The employee requests employer-notification assistance under Mont. Code Ann. section 46-24-205(1).

• ☐ Explain the prosecution-cooperation need to the employer.
• ☐ Confirm the date and expected duration.
• ☐ Request a schedule adjustment.
• ☐ Request consideration of available paid leave.
• ☐ Request consideration of unpaid time.
• ☐ Provide an update if the appearance is canceled or continued.
• ☐ Other limited coordination: [________________________________]

Employee authorizes this limited employer contact by: [________________________________]

Employee signature: __________________________ Date: ______________

5B. ASSISTANCE RECORD

Assisting representative: ____________________ Date: ______________

6. CHANGE LOG

OFFICIAL SOURCES VERIFIED

• Montana Legislature — Mont. Code Ann. § 46-24-205
• Montana Legislature — Title 46, chapter 24, part 2 table of contents