Section 215.14. Employer unlawfully penalizing witness or victim

1. Any person who is the victim of an offense upon which an accusatory
  instrument is based or, is subpoenaed to attend a criminal proceeding as
  a  witness pursuant to article six hundred ten of the criminal procedure
  law or who exercises his rights as  a  victim  as  provided  by  section
  380.50  or  390.30  of  the criminal procedure law or subdivision two of
  section two hundred fifty-nine-i of the executive law and  who  notifies
  his  employer  or agent of his intent to appear as a witness, to consult
  with the district attorney, or to exercise his rights as provided in the
  criminal procedure law, the family court act and the executive law prior
  to the day of his attendance, shall not on account of his  absence  from
  employment  by reason of such service be subject to discharge or penalty
  except as hereinafter provided. Upon request of the employer  or  agent,
  the   party  who  sought  the  attendance  or  testimony  shall  provide
  verification of  the  employee's  service.  An  employer  may,  however,
  withhold   wages  of  any  such  employee  during  the  period  of  such
  attendance. The subjection of an employee to  discharge  or  penalty  on
  account  of  his  absence  from  employment  by  reason  of his required
  attendance as a witness at a criminal proceeding  or  consultation  with
  the  district  attorney  or exercise of his rights as provided under law
  shall constitute a class B misdemeanor.
    2. For purposes of this section, the term "victim" shall  include  the
  aggrieved  party  or the aggrieved party's next of kin, if the aggrieved
  party is deceased as a result of the offense, the  representative  of  a
  victim  as  defined in subdivision six of section six hundred twenty-one
  of the executive law, a good samaritan as defined in  subdivision  seven
  of  section  six  hundred twenty-one of such law or a person pursuing an
  application or enforcement of an order of protection under the  criminal
  procedure law or the family court act.