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Protecting Your Job
Along with allowing employees to take time off, Arizona law also ensures that employees can return to their job.
Through a series of employee protections and employer limitations, workers’ jobs are kept safe.
Here are some general rules to be aware of:
An employer cannot fire or retaliate in any other way against a worker for being the victim of a crime and exercising their right to leave work or take time off
A worker who is a victim of crime and takes leave under the law cannot be demoted or lose seniority at work because they took time off. In other words, their absence cannot be held against them.
An employer cannot discriminate against a victim of crime in any way. They cannot turn down hiring someone because they are a victim of crime, they cannot pay someone less because they are a victim of crime, and they cannot change the victim’s employment conditions or privileges for exercising their rights.
The Family and Medical Leave Act also provides protections related to job security.
Employees who take FMLA leave can return to work:
Employees who take FMLA leave can return to work:
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At the same salary
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At the same or similar position and working condition
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With the same level of group health insurance benefits
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With the employer having kept their medical information confidential
If an employer fails to meet these criteria, or if the employer is discriminating against an employee for taking FMLA leave, a complaint can be filed here:
What can I do if the crime occurred at work?
If you were a victim of crime at work, you may want to consider talking with a supervisor about scheduling, safety precautions, and employee/family benefits. The employer may want to obtain an Injunction Against Workplace Harassment (IAWH) against the person who committed the crime. An IAWH is a type of protective order that is meant to protect the safety of people at a workplace.
A safety plan could also be helpful in the workplace. If there is a concern about someone trying to make unwanted contact at work, this could include talking to building security or a supervisor about the situation. It could include screening phone calls or mail/email. It may help to have a plan for arriving and leaving work (ex. walk with a coworker).
