Employment

Time off to go to Court

If you are the victim of a crime, you may have to take off work to attend court proceedings. Under Georgia Law, your employer cannot fire, discipline or otherwise punish you because you have to take off work to go to court to:

  • Respond to a subpoena or
  • Attend a court proceeding.

You are required to tell your employer that you need to take time off to go to court.

Americans with Disabilities Act (ADA)

You may have a disability because of the crime. Disabilities are long-lasting physical or mental injuries, such as depression or post-traumatic stress disorder. The ADA applies to:

  • State and local government jobs, and
  • Employers with 15 or more employees.
Reasonable Accommodations

You may have a disability because of the crime. Disabilities are long-lasting physical or mental injuries, such as depression or post-traumatic stress disorder. If you are a person with a disability, you have the right to reasonable accommodations in the workplace under the ADA. The ADA applies to:

  • State and local government jobs, and
  • Employers with 15 or more employees.

A reasonable accommodation is any change that:

  • Helps you perform the essential duties of the job,
  • Allows you to apply for a job, or
  • Lets you enjoy the benefits and privileges of the job.

The change may be to the:

  • Application or hiring process,
  • Job,
  • Way the job is done, or
  • Work environment.

Whether an accommodation is “reasonable” depends on the job. Some accommodations that might be reasonable include:

  • Reassigning you to an open job,
  • Allowing a flexible schedule,
  • Giving time off for medical treatment.

You are responsible for requesting an accommodation from your employer. You can ask for an accommodation at any time during the hiring process or after you are hired. You can ask for an accommodation even if you did tell your employer about your disability earlier.

How can I ask for an accomodation at work?

Many employers will have a process in place for asking for a reasonable accommodation. In general, to request an accommodation at work, you must:

  • Tell your employer about your disability. Employers are only required to accommodate disabilities that they know about.
  • Tell your employer or a potential employer that you need an accommodation. Just telling an employer about your disability may not be enough. You will need to tell the employer what you specifically need changed.
    • You do not have to use the words “ADA” or “accommodation.”
    • Your request does not have to be in writing, but it is a good idea to put it in writing in case there is a problem later on.
  • Work with the employer to find a reasonable accommodation. You may ask the employer for something specific or you may need to work together to come up with a solution that works. There is no specific deadline, but your employer must respond to your request in a reasonable time.
  • Make sure the accommodation is working. If the accommodation is not working, you may need to start the process again.


You can file a complaint with the Equal Employment Opportunity Commission (EEOC) or Equal Employment Division (EED) if:

  • You think the employer does not have a valid reason for denying your request,
  • Your employer ignored your request, or
  • Your employer does not tell you the reason your request was denied.
Right to be Free From Discrmination/Harassment Due to Disability

You have the right to be free from discrimination and harassment based on disability. Your employer cannot make a decision about hiring, firing, promotion, or any other term of employment because:

  • You are a person with a disability,
  • You had a disability in the past,
  • They think you are a person with a disability, or
  • You are associated with a person with a disability.


If you are discriminated against or harassed at work, you have the right to file a charge against your employer.  You are responsible for filing a claim with the Equal Employment Opportunity Commission. You must do this BEFORE you can file a lawsuit against your employer.

For more information:

FMLA

Crime victims who have a serious physical or mental health condition may be able to take an unpaid leave from work through the Family and Medical Leave Act to recover.

What is the FMLA?

The Family and Medical Leave Act (FMLA):

  • Gives some employees up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.
  • Employers must keep an employee’s group health benefits during the leave.
  • Leave may be taken all at once or as the medical condition requires.
Who is eligible for FMLA leave in Georgia?

To be entitled to take FMLA leave, you must meet certain eligibility requirements.

To be eligible, you must meet the following requirements:

  • Covered employer requirement. You must work for a covered employer. Covered employees include:
    • public agencies (including local, State, and Federal employers) and local education agencies (schools); and
    • private employers with at least 50 employees. Private employers with less than 50 employees are not covered by the FMLA.
  • Length of employment requirement. You must have worked for the employer for at least 12 months. It does not have to be 12 months in a row. The break in employment cannot be more than seven years.
  • Hours requirement. You must have worked for the employer for at least 1250 hours in the 12 months before you take leave.
  • Location of workplace requirement. You must work at a location where the employer has at least 50 employees within 75 miles of your worksite.
What is a “Serious Health Condition”?

If you are eligible for FMLA, you can take leave for a variety of reasons, including:

  • any serious health condition that makes you unable to perform the essential functions of your job, or
  • To care for your spouse, child, or parent who has a serious health condition.


A serious health condition might be a serious illness, injury, or mental condition. To treat the condition, you or your family member must need to:

  • Stay overnight in a hospital or
  • Have ongoing treatment by a health care provider.
What are my rights under the FMLA?

If you take FMLA leave, you have the right to:

  • Continue to get group health insurance as if you were not on leave. You may be required to continue to make any normal employee contributions.
  • Return to the same job (or one nearly identical) as long as you are able to return to work before your FMLA leave finishes.
  • Not be discriminated against for taking time off. An employer cannot take a negative actions against you in:
    • hiring,
    • promotions, or
    • discipline.
How do I apply for FMLA leave?

You apply for FMLA leave with your employer. It is important for you to know your employer’s leave policy. You may need to follow both the FMLA requirements and your employer’s leave policy. To apply:

  • Notify your employer when you need leave.
    • If you know in advance that you will need FMLA leave (for example, surgery or pregnancy), you must give your employer at least 30 days advance notice.
    • If you find out you need leave less than 30 days in advance, you must give your employer notice as soon as you can (the day you find out or the next work day).
    • If you need FMLA leave unexpectedly (for example, family member in an accident), you must notify your employer as soon as you can.
      • You must follow your employer’s usual notice or call-in procedures unless you are unable to do so.
  • Your employer will let you know whether you are eligible for FMLA leave within five (5) business days of your notice.
  • If you are eligible, your employer will provide you with your FMLA rights and responsibilities and any request for medical certification.
    • If a medical certification is requested, you must provide it within 15 calendar days.
  • Your employer must let you know whether your leave has been designated as FMLA within five (5) business days.

For more information:

  • Learn more with fact sheets on the FMLA from the Department of Labor.
  • Learn more about the FMLA on the DOL website.

Unemployment Insurance Benefits for Domestic Violence Victims

If you had to leave your job or were fired from your job because of domestic violence, you may qualify for unemployment insurance benefits.

You may qualify for unemployment benefits if you can show you left or were fired from your job for “good cause.” “Good cause” might include if you or a family member felt unsafe in the workplace. For example, if your abuser knew where to find you or had previously threatened you at work, you might be able to prove “good cause.”

How can I apply for Unemployment Benefits?

You can file for unemployment insurance benefits:

For more information:

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