Texas Crime Victims Leaves?

Giants Junkie

Greetings. It's been awhile since I've posted a message, but here goes:

We have an employee in our Texas Region who is missing work because her ex-husband is being charged with the molestation of one of her children. Are there any state laws protecting her absences? I am not able to find anything in any of my resources, outside of California's Crime Victims law.

Thanks for any guidance you may have.

Giants Junkie

Whirlwind

There are laws in Texas about protecting the workplace identities of crime victims as well as the identities of current and former employees of TDCJ (the prison system) and related entities. However, I'm not aware of any laws protecting their absences other than those that would cover the absence otherwise, such as FMLA. Texas has very few if any employment laws that protect anything that isn't protected at the federal level by Title VII, FLSA, FMLA, etc. But if this person's absences are directly attributable to the ongoing psychiatric/psychological treatment of the child, she might covered under FMLA, right?

What a horrible situation! I'm sure this woman and her children could use all the help they can get.

Giants Junkie

You're right -- it is horrible. I suspected that I was going to find out exactly what you provided.

Since I'm at our corporate offices in California, I don't know the exact reason(s) for her absences, and unfortunately, she hasn't worked for us long enough to be an eligible employee under the FMLA. I don't know that she will actually lose her job if she misses too much work, under these circumstances, but I don't know that we can provide her any protection either.

Thanks for your assistance.

GJ

marc

Don't know much about Texas laws, but I think it appropriate to sit down with this EE and find out what is going on.

If she is trying to protect the kids, move out, find a new place or some other appropriate response, I would try to be supportive. Protecting the kids seems like the right thing to do.

I am assuming she has not trumped up charges just to get him in hot water - which by the way, happens more than one might think. If the charges have any legitimacy - then help her out, if you can, by granting her a leave without pay or some other method not to put pressure on her to stay with a man who is abusing the kids.

Giants Junkie

I completely agree with your assessment that the right thing to do would be to provide as much support as possible, if they're legitimate charges. Just wanted to find out if there were specific laws of protection for her as well.

I'll have to ask our Regional HR Manager for that area to explore it further.

Thanks for your help.

GJ