Civil Leave

Leave with pay is provided to employees when serving on a jury or when subpoenaed as a witness. It is the responsibility of the employee to inform the supervisor when the duty is scheduled and the expected duration. Civil leave is not offset by additional hours worked; and is not considered time worked for the purposes of determining overtime eligibility. There is no accrual amount for Civil Leave nor is there a maximum amount of Civil Leave an employee can apply in a calendar year.

Eligibility

Employees with a full-time or part-time (half-time or more) permanent, probationary, or time-limited appointment are covered for non-job-related civil leave.  Faculty who earn leave are also eligible for this leave type.

Employees with a temporary, intermittent, or part-time (less than half-time) appointment are not eligible for non-job-related civil leave but are eligible for job-related civil leave and other job-related proceedings.

The employee must submit a request for civil leave to management for approval, along with appropriate documentation (summons, subpoena, etc.) as to purpose, date, and expected duration of the court-related event as soon as practicable. 

Jury Duty

Only hours of jury duty that occur during an eligible employee’s regular work schedule are considered Civil Leave. This includes required appearance at the court during jury selection.

Exception: Normally, jury duty hours occurring outside the employee’s regular work schedule are not compensable. However, second-shift employees are not required to work on the day that jury duty occurs, and third-shift employees are not required to work the shift that ends on the day that jury duty begins. This applies to all second or third shift employees, regardless of shift length.

Subpoenaed as Witness

When an employee is subpoenaed or directed by proper authority to appear as a witness during the employee’s regular work schedule, Civil Leave is granted, and any payment received is turned in to the University. However, an employee may elect to use other paid leave (vacation, bonus, etc.) for the absence and keep any fees received.

Work-Related Proceedings

For all University employees (SHRA/CSS/DMSS/EHRA, permanent and temporary) time spent in work-related court proceedings is considered work time, not Civil Leave. For FLSA non-exempt employees, this time is considered time worked for the purposes of determining overtime eligibility.

When an employee attends court in connection with official duties, no leave is required, and all fees received are turned in to the University. If court attendance is required on a non-workday, it is considered time worked and included in the work week total.

Party to the Complaint

An employee who is a plaintiff or defendant in a court case is not eligible for Civil Leave. The employee may, however, use other available leave or paid time off as approved by management, or take leave without pay.

Refer to the Civil Leave Policy for additional details.  For questions, contact the HR Benefits Office at 252-328-9887.