Rights, in real situations
Family & care
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Family & care
Can I take leave to care for a sick family member?Background reading
Background reading
Eligible workers at covered employers can take job-protected leave under the Family and Medical Leave Act for qualifying family and medical needs.
The usual entitlement is up to 12 workweeks in a 12-month period. Different rules apply to military caregiver leave.
This is background information, not a state-specific answer. Legal review pending.
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Is FMLA leave paid?Background reading
Background reading
Federal FMLA leave is unpaid. It protects the job and continuation of group health benefits on the same terms; paid leave may come from another law or an employer benefit.
This is background information, not a state-specific answer. Legal review pending.
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Who qualifies for FMLA leave?Background reading
Background reading
Generally, you need 12 months with the employer, 1,250 hours worked in the previous 12 months, and a worksite with 50 employees within 75 miles. Your employer must also be covered.
This is background information, not a state-specific answer. Legal review pending.
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How do I keep receiving federal criminal-case notices after I move?Federal rule · specific setting
Federal rule · specific setting
For this situationAn identified federal crime victim enrolled in DOJ’s Victim Notification System.
Update your contact information in DOJ’s Victim Notification System and tell the case’s Victim-Witness Specialist.
What to do next
- Locate the initial VNS letter and its Victim Identification Number and PIN.
- Use the official VNS contact route to update your address, telephone number and email.
- If you cannot access the account, contact the case’s US Attorney’s Office Victim-Witness Specialist and verify the next proceeding directly.
What could change this answer?
- Investigators, prosecutors and the Bureau of Prisons handle different phases of notification.
- Lost credentials or unsafe contact details require direct help from the specialist.
Links open the named service. REYETS does not send or file anything.
Federal rule. State or local protections may add to it. Legal review pending.
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Can a federal crime victim be kept out of trial simply because they will testify?Federal rule · specific setting
Federal rule · specific setting
For this situationA qualifying victim seeking to attend a public proceeding in a charged federal criminal case.
Not automatically. Exclusion requires clear and convincing evidence that hearing other testimony would materially alter the victim’s testimony.
What to do next
- Tell the prosecutor or Victim-Witness Specialist that you want to attend and are also a witness.
- Ask that your attendance right and reasonable alternatives to exclusion be raised with the judge.
- Obtain the actual ruling and coordinate arrival and testimony with the specialist.
What could change this answer?
- This protection applies to qualifying victims, not every witness or accompanying relative.
- Closed proceedings and a supported judicial exclusion decision require separate analysis.
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Federal rule. State or local protections may add to it. Legal review pending.
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May a federal crime victim address the court at a plea or sentencing hearing?Federal rule · specific setting
Federal rule · specific setting
For this situationA qualifying victim in a charged federal criminal case with an upcoming covered hearing.
The Crime Victims’ Rights Act provides a right to be reasonably heard at covered public release, plea and sentencing proceedings.
What to do next
- Contact the Victim-Witness Specialist before the hearing and state that you want to be heard.
- Ask about oral remarks, a written victim impact statement and the submission deadline.
- Explain the crime’s effects accurately, separate documented losses from estimates and retain your submission.
What could change this answer?
- A case with many victims may use a reasonable shared procedure.
- Statements may be disclosed to the defense; ask about sensitive information before submitting it.
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Federal rule. State or local protections may add to it. Legal review pending.
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Does a federal crime victim have a right to speak with the prosecutor about the case?Federal rule · specific setting
Federal rule · specific setting
For this situationA victim directly and proximately harmed by the charged federal offense.
A qualifying victim has a reasonable right to confer with the government’s attorney.
What to do next
- Ask the Victim-Witness Specialist to arrange a conversation with the prosecutor.
- Prepare specific questions about upcoming decisions and explain your concerns or relevant information.
- Keep a dated record of the request and ask promptly for help if an approaching hearing makes the issue urgent.
What could change this answer?
- The right to confer does not transfer prosecution decisions to the victim.
- Private legal claims and disputes about enforcing victim rights may require independent counsel.
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Federal rule. State or local protections may add to it. Legal review pending.
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Does the federal victim-privacy right make my entire criminal-case file secret?Federal rule · specific setting
Federal rule · specific setting
For this situationA qualifying victim providing personal information in a federal criminal prosecution.
No. Victims are entitled to respect for dignity and privacy, but that does not automatically seal a court file or prevent required disclosure.
What to do next
- Tell the Victim-Witness Specialist which information creates a specific privacy or safety concern.
- Ask how to submit sensitive details securely and whether a redaction or court protection request is needed.
- Review the intended filing and raise any concern before submission whenever possible.
What could change this answer?
- Public court access and defendants’ procedural rights can require disclosure.
- A protective order may restrict use of information without sealing every related document.
Links open the named service. REYETS does not send or file anything.
Federal rule. State or local protections may add to it. Legal review pending.
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What should I submit to seek restitution for losses from a federal crime?Federal rule · specific setting
Federal rule · specific setting
For this situationA victim asked to document financial harm in a federal criminal prosecution.
Provide itemized, supported offense-related losses through the case’s victim-loss process before sentencing.
What to do next
- Ask the Victim-Witness Specialist for the applicable loss form and submission deadline.
- List each loss with receipts, bills or other records, and disclose insurance or other reimbursement.
- Submit copies through the requested channel, retain the originals and update the specialist if the amount changes.
What could change this answer?
- The offense and restitution statute determine which categories of loss are recoverable.
- A restitution order does not guarantee payment when the defendant has limited assets.
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Federal rule. State or local protections may add to it. Legal review pending.
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Who can assert federal victim rights when the victim is a child or has died?Federal rule · specific setting
Federal rule · specific setting
For this situationA federal crime victim who is under 18, incompetent, incapacitated or deceased.
The Act allows specified guardians, estate representatives, family members or suitable court-appointed people to assume the victim’s rights.
What to do next
- Tell the Victim-Witness Specialist why the victim cannot personally exercise the rights.
- Provide documents showing your relationship or representative authority and identify any competing representative.
- Ask the prosecutor or court to resolve who may act and confirm how that person receives notices and submits requests.
What could change this answer?
- A family relationship alone may not resolve competing claims to represent the victim.
- Rules for pre-charge victim services and state cases may use different representative criteria.
Links open the named service. REYETS does not send or file anything.
Federal rule. State or local protections may add to it. Legal review pending.
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How long do I have to complain that a DOJ employee denied my federal crime-victim rights?Federal rule · specific setting
Federal rule · specific setting
For this situationAn identified victim in a charged federal criminal case complaining about a DOJ employee.
Submit the CVRA complaint within 60 days of learning of the violation and no more than one year after it occurred.
What to do next
- Download the CVRA complaint form from the Ombudsman’s official page.
- Identify the employee, incident dates, right affected, federal case number and defendant, and attach relevant correspondence.
- Submit within both time limits and save a complete copy and delivery confirmation.
What could change this answer?
- The office does not investigate judges, private parties or state and local employees through this process.
- An uncharged matter or complaint about a different federal agency falls outside this complaint route.
Links open the named service. REYETS does not send or file anything.
Federal rule. State or local protections may add to it. Legal review pending.
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How can a crime victim find a state compensation program without waiting for restitution?Safety & practical steps
Safety & practical steps
For this situationA crime victim or eligible survivor seeking a state-administered crime-victim compensation benefit.
Use the Office for Victims of Crime’s state directory to contact the relevant victim compensation program.
What to do next
- Use the OVC map to find the compensation office for the place connected to the crime.
- Ask about eligibility, reporting and filing deadlines and whether a survivor or representative may apply.
- Submit the program’s application with requested expense and reimbursement records, and retain its claim number.
What could change this answer?
- Compensation is a separate process from a criminal restitution order.
- Other reimbursement and the type of expense may affect the available payment.
Links open the named service. REYETS does not send or file anything.
Practical guidance, not a statement of a legal right or a guarantee of an outcome. Legal review pending.
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Who should I contact if federal restitution was ordered but payments have stopped?Federal rule · specific setting
Federal rule · specific setting
For this situationA victim named in a federal criminal restitution order.
Contact the prosecuting US Attorney’s Office Financial Litigation Unit and check your payment contact information with the court clerk.
What to do next
- Gather the judgment, case number and your payment history.
- Ask the Financial Litigation Unit about enforcement and send any reliable new information about the defendant’s assets.
- Confirm the clerk and VNS have your current address so payments and notices can reach you.
What could change this answer?
- Court-ordered payment terms and the defendant’s resources affect collection.
- A victim considering a separate judgment lien must follow the applicable recording law and costs.
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Federal rule. State or local protections may add to it. Legal review pending.
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How do I prepare my family’s documents for legal help?Background reading
Background reading
Start with relevant notices and correspondence; important dates; questions for an adviser.
Keep your own observations separate from what someone told you. These are preparation steps, not a finding about your rights or eligibility.
This is background information, not a state-specific answer. Legal review pending.
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