The University of Memphis

Court Leave



POLICIES

Issued: April 20, 2004
Responsible Executive Officer: Vice President for Business & Finance
Responsible Office: Human Resources

Policy Statement


 An eligible University employee shall be granted court leave when, in response to a subpoena or directive by proper authority, he or she appears as a witness or juror in a federal or state court.   


Purpose


 The purpose of this procedure is to define court leave, compensation, and certain documentation and recordkeeping criteria.


Definitions


Regular, Temporary, Full- and Part-Time EmployeeRefer to Policy UM1467, "Eligibility and Enrollment in Health, Life, Dental, Disability, Retirement, and other Employee Benefit Plans" at http://policies.memphis.edu/UM1467.htm for definitions


Procedures


EligibilityA University employee, except a temporary employee with a contract of less than six months, shall be granted time off for court leave when the employee appears as witness for the Federal government, the State of Tennessee, or a political subdivision of the State, or when it is necessary to attend any court in connection with official duties, or serve on a jury in any State or Federal Court.

Notice to DepartmentIn advance of the court date, employees must submit their request for court leave to the department or activity head, who is responsible for the maintenance of accurate records of court leaves and may require the employee to provide a statement from the court that includes dates and time of service. 

Leave Reporting

The following terms and conditions apply:

  • Court leave must be reported for the applicable hours/days on the employee's attendance record. 
  • Upon request, employees who have scheduled annual leave at the time they are called for court duty may substitute court leave for the applicable number of hours of annual leave. 
  • In accordance with Tennessee Code Annotated 22-4-108, employees will be excused from returning to employment for any scheduled work day when their responsibility for jury duty exceeds three hours during the day for which they seek an excuse. Employees serving less than three hours on a scheduled work day are expected to return to work for the remainder of their work day. Travel time is not to be included in determining whether or not an employee's actual jury duty service has exceeded three hours.
  • If an employee summoned for jury duty is working a night shift or is working during hours preceding those in which court is normally held, he/she will also be excused from employment as provided by this section for the shift immediately preceding the first day of service. After the first day of service, if responsibility for jury duty exceeds three hours during a day, the employee will be excused from the next scheduled work period occurring within 24 hours of jury service. Unresolved questions concerning the application of the provisions of this paragraph to a particular work shift will be conclusively resolved by the trial judge of the court to which the employee has been summoned. An employee's work schedule will not be changed because of court leave. 
  • Employees called in their official University capacity to be a witness for the State will be considered to be in a normal duty status; court leave will not be necessary. 
  • Employees involved in personal litigation or called by a private party as a witness in a court may use accrued annual leave or take leave without pay.

Compensation

The employee will be compensated as follows:

  • All compensation or fees received as a witness or juror may be retained by the employee.
  • The employee also will receive his/her regular rate of pay for time served on court leave and time spent traveling to and from court, except that such compensation will not exceed the total of the employee's regularly scheduled daily pay.
  • Travel expenses such as mileage and parking fees will not be paid by the University.


Revision Dates


 UM1573 - Issued: April 21, 2004 - supercedes procedure 2D:05:01H


Subject Areas:

AcademicFinanceGeneralHuman ResourcesInformation TechnologyStudent Affairs
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