611A.036 PROHIBITION AGAINST EMPLOYER RETALIATION.
Subdivision 1. Victim or witness.
An employer must allow a victim or witness, who is
subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony,
reasonable time off from work to attend criminal proceedings related to the victim's case.
Subd. 2. Victim's spouse or next of kin.
An employer must allow a victim of a heinous
crime, as well as the victim's spouse or next of kin, reasonable time off from work to attend
criminal proceedings related to the victim's case.
Subd. 3. Prohibited acts.
An employer shall not discharge, discipline, threaten, otherwise
discriminate against, or penalize an employee regarding the employee's compensation, terms,
conditions, location, or privileges of employment, because the employee took reasonable time off
from work to attend a criminal proceeding pursuant to this section.
Subd. 4. Verification; confidentiality.
An employee who is absent from the workplace shall
give 48 hours' advance notice to the employer, unless impracticable or an emergency prevents the
employee from doing so. Upon request of the employer, the employee shall provide verification
that supports the employee's reason for being absent from the workplace. All information related
to the employee's leave pursuant to this section shall be kept confidential by the employer.
Subd. 5. Penalty.
An employer who violates this section is guilty of a misdemeanor and may
be punished for contempt of court. In addition, the court shall order the employer to offer job
reinstatement to any employee discharged from employment in violation of this section, and to
pay the employee back wages as appropriate.
Subd. 6. Civil action.
In addition to any remedies otherwise provided by law, an employee
injured by a violation of this section may bring a civil action for recovery for damages, together
with costs and disbursements, including reasonable attorneys fees, and may receive such
injunctive and other equitable relief, including reinstatement, as determined by the court.
Subd. 7. Definition.
As used in this section, "heinous crime" means:
(1) a violation or attempted violation of section
(2) a violation of section
(3) a violation of section
, if the offense was committed with
force or violence or if the complainant was a minor at the time of the offense.
History: 1986 c 463 s 9; 1994 c 636 art 7 s 1; 2005 c 136 art 8 s 23