Crime-Victim and Witness Court-Attendance Leave Request Packet - New York

CRIME-VICTIM OR SUBPOENAED WITNESS ATTENDANCE REQUEST PACKET

New York — N.Y. Penal Law § 215.14

1. EMPLOYEE AND EMPLOYER

2. SELECT ONE COVERAGE ROUTE

• ☐ Employee is the victim of the offense on which an accusatory instrument is based.
• ☐ Employee is subpoenaed under Criminal Procedure Law article 610 to attend a criminal proceeding as a witness.
• ☐ Employee will consult with the district attorney under a covered victim route.
• ☐ Employee will exercise a victim right listed in Penal Law § 215.14 under the Criminal Procedure Law, Family Court Act, or Executive Law.

For this section, “victim” can include the aggrieved party; the aggrieved party's next of kin if the aggrieved party died from the offense; a statutory victim representative; a statutory good samaritan; or a person applying for or enforcing an order of protection under the Criminal Procedure Law or Family Court Act.

Coverage confirmed by prosecutor, victim advocate, or counsel: [NAME / OFFICE / DATE]

3. ATTENDANCE OR CONSULTATION

Court / district attorney's office: [________________________________]

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

Purpose:

• ☐ Appear as a witness
• ☐ Consult with district attorney
• ☐ Attend or participate to exercise a listed victim right

Date and time: [________________________________]

Expected work absence: [DATE / START / END]

4. REQUIRED NOTICE BEFORE ATTENDANCE DAY

The employee must notify the employer or employer's agent of the intent to appear, consult, or exercise the covered right before the day of attendance.

Notice date and time: [________________________________]

Notice method and recipient: [________________________________]

Employee signature: __________________________ Date: ______________

5. EMPLOYER-REQUESTED VERIFICATION

Upon employer request, the party that sought the attendance or testimony provides verification of the employee's service.

• ☐ Employer did not request verification.
• ☐ Verification requested from: [PROSECUTOR / COURT / OTHER PARTY]
• ☐ Verification received: [DATE / SECURE METHOD]

Do not attach charging papers, police reports, medical records, victim addresses, or offense narratives when attendance verification is sufficient.

6. PAY TREATMENT

Section 215.14 permits the employer to withhold wages during the attendance period.

• ☐ Unpaid time
• ☐ Accrued paid leave under policy or agreement: [TYPE / HOURS]
• ☐ Schedule adjustment: [________________________________]
• ☐ Other treatment: [________________________________]

7. EMPLOYER RESPONSE

• ☐ Coverage route confirmed
• ☐ Pre-attendance-day notice recorded
• ☐ Verification received or not requested
• ☐ Absence recorded: [________________________________]
• ☐ Pay treatment recorded
• ☐ Counsel review required

A covered employee may not be discharged or penalized because of the protected absence. Prohibited discharge or penalty for required criminal-witness attendance, district-attorney consultation, or exercise of covered rights is a class B misdemeanor.

Employer representative: _____________________ Date: ______________

Decision delivered to employee: [DATE / METHOD]

8. CHANGE LOG

OFFICIAL SOURCE VERIFIED

• New York State Senate — N.Y. Penal Law § 215.14