00                             HOUSE BILL NO. 391                                                                          
01 "An Act relating to employers and to victims of crime."                                                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 12.61.017 is amended to read:                                                                     
04            Sec. 12.61.017.  Interference by victim's employer.  (a) An employer may                                   
05       not penalize or threaten to penalize a victim because the victim is subpoenaed or                                 
06       requested by the prosecuting attorney to attend a court proceeding for the purpose of                             
07       giving testimony.                                                                                                 
08            (b)  An employer of a victim shall allow the victim to take leave from                                   
09       employment to attend a criminal proceeding relating to that crime at which the                                
10       victim has a right to be present.  An employer may not threaten to penalize a                                 
11       victim for requesting leave under this subsection.  An employer may limit the                                 
12       amount of leave an employee may take if the employer would suffer undue                                       
13       hardship to the employer's business or operations.  If leave is limited under this                            
14       subsection, the victim may notify the prosecuting attorney.  The prosecuting                                  
15       attorney may notify the court, which may take the limitations into consideration                              
01       when scheduling proceedings related to the victim.  This subsection applies only                              
02       to                                                                                                            
03                 (1)  an employer who employs six or more persons in the state for                                   
04       each working day during each of 20 or more calendar workweeks in the year in                                  
05       which a victim requests leave to attend a criminal proceeding or in the year                                  
06       preceding that request;                                                                                       
07                 (2)  a victim who                                                                                   
08                      (A)  has suffered personal injury from a felony or a person                                    
09            who is a victim by reason of the person's relationship to a minor,                                       
10            incompetent, or incapacitated person who has suffered personal injury or                                 
11            death from a felony; and                                                                                 
12                      (B)  worked an average of more than 25 hours a week for                                        
13            the employer for at least 180 days immediately before the date the                                       
14            employee takes leave to attend a criminal proceeding.                                                    
15            (c)  In this section [SUBSECTION], "penalize" means to take action affecting                             
16       the employment status, wages, and benefits payable to the victim, including                                       
17                 (1)  demotion or suspension;                                                                            
18                 (2)  dismissal from employment; and                                                                     
19                 (3)  loss of pay or benefits, except pay and benefits that are directly                                 
20       attributable to the victim's absence from employment to attend the court proceeding.                              
21            (d) [(b)]  A person who violates (a) of this section is guilty of a violation.                           
22            (e) [(c)]  A victim who suffers a pecuniary loss as a result of an employer's act                        
23       prohibited by this section may bring a civil action to recover actual damages and                                 
24       punitive damages of three times the actual damages sustained.