Court Leave

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THE DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.

Departmental Responsibility: Office of Human Resources
Topic: Leave - Court
Policy: Court Leave
Effective: September 29, 2008
Last Revised Date: April 03, 2012

Leave:  Court

Goal:
To provide employees with leave options  when serving jury duty or when subpoenaed as a witness.

Eligibility:
Employees in FTE positions, Temporary Grant (TGP), and Time-limited (TLP) positions who are scheduled to work at least 20 hours a week are eligible for Court leave.

Ineligibility:
Employees in an FTE , TGP, TLP position working less than 20 hours per week are ineligible. Employees not in an FTE, TGP or TLP position are ineligible.

Types of Leave:

Jury Duty (With Pay)   

1. An employee, who is summoned as a member of a jury panel, shall be granted court leave with pay. Any jury fees and travel payment shall be retained by the employee.
2. An employee, who is excused from jury duty and was not required to be at court the number of hours equal to the employee’s workday, is required to return to the job according to arrangements between the employee and their supervisor. The employee must be on authorized leave for any time the employee is excused from jury duty and does not return to work.
3. An employee who is summoned to jury duty will be required to work on any given day only the number of hours that equal the employee’s work schedule, minus the hours required to be at court.

Subpoenaed As a Witness (With Pay)

An employee, who is subpoenaed as a witness and who will not receive any personal gain from the outcome of the litigation, shall be entitled to court leave with pay for those hours required for the subpoena and may retain any witness fee and travel expenses.

Exceptions

1. An employee engaged in personal litigation is not eligible for court leave with pay, but may be granted annual leave or leave without pay with appropriate authorization.
2. When an employee is subpoenaed to represent an agency as a witness or defendant, his appearance is considered a part of the employee's job assignment. The employee shall be reimbursed for any meals, lodging, and travel expenses that may be incurred according to State Travel Guidelines as provided in the annual Appropriation Act and Budget and Control Board Regulations.
3. When an employee attends, in an official capacity, a mediation or mediation-arbitration conference, his attendance is considered a part of the employee’s job assignment.
4. When an employee appears as a witness or in any other official capacity in a hearing before the State Employee Grievance Committee, his appearance is considered a part of the employee’s job assignment.

Process:

Employees utilizing court leave must submit the number of hours they served into the university leave system and select “Court” as reason for absence.  A copy of the summons or documentation may be required upon the request of the department or supervisor.

Information on other types of paid leave may be found at SCOHR Other Leave Policies.