Jury or Witness Duty Leave Procedure

Purpose statement

To define the procedure for leave of absence for employees who are called to serve on jury duty or who are subpoenaed to appear in a court as a witness.

Scope

This procedure applies to non-union employees. Employees covered by a collective agreement are subject to the terms and conditions in their respective collective agreements.

Procedure

1. When an employee is required to attend court in connection with official duties (i.e. court duty), no leave is required. Fees received as a witness while serving in an official capacity shall be turned over to the Finance department. If the court is on a day that would normally be an off-day, the time is to be considered in the same manner as if employee were off work.
2. Employees who are required to serve as jurors (i.e. jury duty) or are subpoenaed to appear in court (i.e. witness duty) will be granted leave of absence for that purpose and will have their normal pay continued for the time served. The town will continue to contribute the employer’s portion of benefit for the duration of jury duty leave.
3. At the conclusion of an employee’s jury or witness duty, the employee shall obtain a certificate of attendance showing the period of duty, and the compensation received shall be turned over to the Finance department.
4. An employee who is a party (plaintiff or defendant) in a personal court proceeding is not considered as a “witness”, therefore vacation leave must be used or leave without pay for purpose of attending court.
5. Any travel allowance and expenses paid to the employee other than compensation may be retained by the employee.
6. Employees should report back to work as soon as jury duty is completed.

Definitions

Jury Duty: the civic duty to serve on a jury

Responsibilities

Employees are responsible for:

1. informing supervisor upon receipt of notification of jury or witness duty;
2. keeping supervisor informed of jury or witness duty status;
3. requesting proof of service of jury or witness duty from court.

Supervisors are responsible for:

1. monitoring time employee is on jury or witness duty leave;
2. sending the court notices or summons for jury duty and the proof of jury or witness duty service to Human Resources department.