Victims of Crime Leave to Attend Criminal Court Proceedings

Purpose

Government Code Section 12945.8 entitles County employees who are victims of a crime, or whose family member, as defined by Government Code Section 12945.2, is a victim of crime, to take time off work to attend judicial proceedings related to the crime.

A victim of crime is a person against whom a felony has been committed, or who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of crimes or delinquent acts as defined by Government Code Section 12945.8(j)(8)(C).

Policy

Eligibility 

All County employees are eligible.

Entitlement

An employee who is eligible for this leave has the right to take time off to attend judicial proceedings related to the crime, including, but not limited to, any delinquency proceeding, a postarrest release decision, plea, sentencing, postconviction release decision, or any proceeding where a right of that person is an issue, as well as compelled attendance (such as by subpoena) in federal or state judicial proceedings.

Use of Balances

An employee must use any accrued leave balance available to the employee. Unpaid leave time is permitted if the employee’s leave balances have exhausted.

Request Procedure

• An employee must give reasonable advance notice of their intention to take time off, in accordance with department procedures, unless advance notice is not feasible. An employee must provide documentation of the need for the leave. Such documentation includes:
• A police report indicating that the employee or a family member of the employee was a victim,
• A court order protecting or separating the employee or a family member of the employee from the perpetrator, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court,
• Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined by Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to being a victim,
• Any other form of documentation that reasonably verifies that the crime occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employee’s behalf, certifying that the absence is for a purpose authorized under this section.

Update: January 2026