Per Virginia Code 40.1-28.7:2, LOYOLA will give special consideration for employees who are a
victim of a crime and wish to appear at a criminal proceeding(s) involving that crime.
A victim is defined as:
- A person who has suffered physical, psychological or economic harm as a direct result of
the commission of a felony or of assault and battery in violation of 18.2-57 or 18.2-57.2,
stalking in violation of 18.2-60.3, sexual battery in violation of 18.2-67.4, attempted
sexual battery in violation of 18.2-51.4 or 18.2-266;
- A spouse or child of such a person;
- A parent or legal guardian of such a person who is a minor;
- A current or former foster parent or other person who has or has had physical custody of
such a person who is a minor, for six months or more or for the majority of the minor’s
life; or
- A spouse, parent, sibling or legal guardian of such a person who is physically or mentally
incapacitated or was the victim of a homicide.
NOTE: Victim does not mean a parent, child, spouse, sibling or legal guardian who commits a
felony or other enumerated criminal offense against a victim as defined in 1.
The employee will be allowed to leave work and attend all criminal proceedings relating to the
crime. Criminal proceedings include all aspects of the process from initial appearance through
probation.
LOYOLA will not discriminate against an employee in compensation or other terms, conditions or
privileges of employment or terminate the employment of an employee who exercises his/her
rights under this policy.
LOYOLA will not refuse to hire or discriminate against an individual who has been a victim of a
crime because he/she may request leave to attend criminal proceedings.
LOYOLA may limit the duration of the leave if the leave creates an undue hardship to the
business or departmental operation.
Leave Request
The employee must complete and submit a Leave Request Form along with a copy of the form
provided by the law-enforcement agency. If applicable, the employee must provide the Human
Resources Department a copy of the notice of each scheduled criminal proceeding.
The employee may either use personal leave time (PLT) or take leave without pay (LWOP).
Upon management approval, the employee may flex their work schedule. If the employee
chooses to flex his/her work schedule, the hours must be made up within the same month.
Benefit Coverage
If the leave exceeds one (1) month, the employee must contact the Human Resources
Department to discuss the impact on their comprehensive benefits plan. Benefit coverage will
be based on the policies of the insuring companies.
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