To allow employees to perform their civic duties without penalty, an employee may report for jury duty or as a witness in a court or quasi-judicial matter without charge to leave credits, provided the employee is not a party to the action.
An employee, who is required to appear for jury duty or as a subpoenaed or otherwise ordered witness in court, is entitled to leave with pay without charge to leave credits if he/she is NOT a party to the action. An employee is not entitled to leave under this section if the employee is a party to the action regardless of having received a subpoena or other order.
In a civil action, both plaintiff and defendant are parties to the action, therefore neither is entitled to leave under this section. In a criminal proceeding, the parties to the action are the State and the defendant; the “victim” is not a party to the action and, if required to appear in accordance with a subpoena or other order, would be entitled to leave under this section.
Employees who appear in court in their official capacity both as parties to the action or as subpoenaed witnesses are appearing in duty status (regular workday).
An employee who receives a fee for testifying in a court of law as an expert witness does not appear in response to a subpoena or other order and is not eligible for leave under this section.
Documentation stating that the employee’s absence was for the purpose of jury duty must be submitted to the Benefits and Payroll Office. When completing time records, employees should report time for this allowance as Non-Chargeable and indicate Jury Duty for the Non-Chargeable Reason.
For More Information:
Debbie Looney: (585) 395-2744