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CCH® BENEFITS — 5/6/08

House Bill Would Permit FMLA Leave For Victims Of Violent Crimes

From Spencer's Benefits Reports: Rep. Rahm Emanuel (Ill.), along with seven cosponsors, has introduced the Crime Victims Employment Leave Act (H.R. 5845), which would amend the Family and Medical Leave Act (FMLA) to permit FMLA leave for victims of violent crime and domestic violence and immediate family members of such victims to attend court proceedings relating to the crimes. The bill was referred to the Education and Labor, Oversight and Government Reform, and House Administration committees.

As specified by H.R. 5845, in any case in which the necessity for leave under the amended leave provisions is foreseeable based on a scheduled court proceeding, the employee would be required to provide the employer with at least 14 days’ advance notice of the employee’s intention to take the leave, except that if the date of the court proceeding requires leave to begin in less than 14 days, the employee would have to provide such notice as is practicable. Under the bill, an employer could require that a request for leave be supported by a certification issued by a court or prosecutor relating to the court proceeding for which leave is taken. The employee would have to provide, in a timely manner, a copy of such certification to the employer. Any notification of the court proceeding issued by the appropriate court or court personnel or prosecutor would be sufficient certification. Furthermore, an employer could not disclose any certification provided by the employee and would have to keep confidential any information relating to the nature of the court proceeding.

For more information on this and related topics, consult the CCH Pension Plan Guide, CCH Employee Benefits Management, and Spencer's Benefits Reports.

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