BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

WHEREAS, the General Assembly finds that violent crime affects many persons without regard to age, race, gender, educational level, socioeconomic status, religion or occupation; and

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Part I, Title 19 of the Delaware Code, by adding a new Chapter 18 thereto as follows:

"CHAPTER 18. EMPLOYMENT LEAVE FOR VICTIMS OF VIOLENT CRIME.

1. "Violent Crime" for the purpose of this chapter shall mean any violent felony as defined by §4201(c) of Title 11 and any misdemeanor crime of domestic violence as defined by §1448(a)(7) of Title 11.
2. "Eligible employee" shall mean an individual who has been employed for at least 12 months by the employer with respect to whom leave under this Chapter is requested; and who has been employed for at least 1,250 hours of service with such employer during the previous 12-month period.
3. "Employer" shall mean any business that employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year, and includes the State and any political subdivision thereof.
4. "Perpetrator" shall mean a person who engages in an act of violent crime (as defined in (a) ) against another person or persons.
5. "Victim" shall include a parent, guardian, or custodian of a victim who is unable to meaningfully understand or participate in the legal process due to physical, psychological, or mental impairment. "Victim" includes the spouse, adult child or stepchild, parent or sibling of a deceased victim; provided that such person is not the perpetrator or co-conspirator of any violent crime against the victim.

1. An eligible employee shall be entitled to a total of 30 days leave during any 12-month period for one or more of the following:

1. to secure medical treatment and/or recover from injuries suffered from a violent crime;
2. to attend investigative and legal proceedings related to criminal victimization, including the obtaining of a protection from abuse order.
3. to relocate to a new temporary or permanent place of residence for reasons of personal safety; or
4. to participate in therapy and/or treatment prescribed as a result of violent crime.

1. Except as provided in § 1803 of this chapter, leave granted under this section shall be unpaid.

1. Except as provided in paragraph (b) of this subsection, an eligible employee shall provide not less than (14) fourteen business days' notice of the eligible employee's intention to take leave under the provisions of this chapter.
2. If attending to a matter described in §1802 of t6his chapter requires leave to begin in less than 14 business days, the employee shall provide such notice as is practicable.
3. The employee shall make a reasonable effort to schedule matters described in § 1802 so as not to unduly disrupt the operations of the employer, subject to the approval of the health care provider of the employee or officials involved in pending legal matters.

1. Any eligible employee who seeks leaves pursuant to this chapter shall provide his or her employer with one or more of the following as a condition to such leave:

1. a police report indicating that the employee was a victim of violent crime;
2. a court order protecting or separating the employee from the perpetrator of an act of violence against the employee; or
3. documentation from a medical professional, psychologist or counselor that the employee is undergoing treatment for physical or mental injuries related to victimization from a violent crime.

1. To the extent allowed by law, employers shall maintain the confidentiality of any employee requesting leave under this chapter.

1. Any eligible employee who takes leave shall on return from leave be entitled to:

1. restoration by the employer to the position of employment held by the employee when leave commenced; or
2. restoration to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.

1. The taking of leave shall not result in the loss of any employment benefits accrued prior to the date on which the leave commenced.
2. Nothing in this chapter shall be construed to entitle any restored employee to:

1. the accrual of any seniority or employment benefits during any period of leave; or
2. any right, benefit or position of employment other than any right, benefit or position to which the employee would have been entitled had the employee not taken the leave.

1. Nothing in this chapter shall be construed to prohibit any employer from requiring any employee on leave to report periodically to the employer on the status and intention of the employee to return to work.
2. During any period when the eligible employee takes leave, the employer shall maintain coverage under any group health plan for the duration of such leave at the same level and under the same conditions that would have been provided if the employee had continued in employment continuously for the duration of such leave. However, the employer may recover the premium that the employer paid for maintaining coverage for the employee under such group health plan during any period of unpaid leave if:

1. The employee fails to return to work following a period of leave; provided, however, that this sub-paragraph shall not apply if the employee does not return to work due to the relocation of the employee's place of residence for reasons of personal safety; or
2. The employee fails to return to work for any other reason or circumstances beyond the control of the employee caused by being the victim of a violent crime.

1. No employer may interfere with, restrain or otherwise deny the exercise of, or the attempt to exercise, any right provided under this chapter.
2. No employer may discharge or otherwise discriminate against an employee for exercising a right provided hereunder.

1. Any employer who violates any provision of this chapter shall be liable for civil damages equal to any wages, salary, employment benefits or other compensation denied or lost by an eligible employee, not to exceed 30 days of compensation or benefits.
2. Any employer who violates a provision of this chapter shall be liable for such equitable relief as may be appropriate, including employment reinstatement and promotion.

Section 2. This Act may be known and cited as the Victims of Violent Crime Employment Leave Act.

Section 3. This Act shall become effective sixty days after enactment."