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Jury Duty, Court Leave, and Witness Duty Leave

    Title:

    Jury Duty, Court Leave, and Witness Duty Leave

    Publication date:

    11/19/2014

    Effective date:

    1/24/1999

    BRIEF

    Policy Summary

    Berkeley Lab provides paid time off for full-time Career appointment employees to fulfill their jury duty requirements. The Laboratory may also provide unpaid or paid time off for employees to attend an administrative or legal proceeding.

    Who Should Read This Policy

    • Full-time Career employees are eligible for this type of leave.
    • Part-time Career and all other employee classifications are not eligible for this type of leave. Represented employees should consult their collective bargaining agreement.

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, contact your division's Human Resources Center.

    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

    Title:

    Jury Duty, Court Leave, and Witness Duty Leave

    Publication date:

    11/19/2014

    Effective date:

    1/24/1999

    POLICY

    A. Purpose

    Berkeley Lab provides paid time off for full-time Career appointment employees to fulfill their jury duty requirements. The Laboratory may also provide unpaid or paid time off for employees to attend an administrative or legal proceeding.

    B. Persons Affected

    • Full-time Career employees are eligible for this type of leave.
    • Part-time Career and all other employee classifications are not eligible for this type of leave. Represented employees should consult their collective bargaining agreement.

    C. Exceptions

    Requests for exceptions that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at minimum, approval by the Chief Human Resources Officer (CHRO).

    D. Policy Statement

    1. Court Leave
      1. Jury Duty
        1. Full-time career employees on any shift or work schedule are granted leave with pay for actual time on jury duty, including grand-jury duty, and related travel not to exceed the number of hours in the employee's normal workday and work week. The leave with pay is payable at the straight-time rate (including shift differential, if applicable) and will not be counted as time worked for the purpose of computing overtime premium pay.
        2. Part-time career employees at 50% time or more are granted leave with pay for actual time spent on jury duty, including grand-jury duty, and related travel that occur during the employee's regularly scheduled hours of work. All such leave is charged to court leave.
      2. Administrative or Legal Proceedings
        1. Time spent by an employee attending an administrative or legal proceeding on behalf of the Laboratory or the University is counted as time worked. See Section D.6.a.v, Pay Status for Time Spent in Complaint Resolution, in the Employee Complaint Resolution policy.
        2. When served with a subpoena that compels their presence as a witness (other than as a paid expert witness), full-time career employees on any shift or work schedule are granted leave with pay for actual time spent at administrative or legal proceedings and in related travel, not to exceed the number of hours in a normal workday and work week. The leave with pay is payable at the straight-time rate (including shift differential, if applicable) and will not be counted as time worked for the purpose of computing overtime premium pay. Part-time career employees at 50% time or more are granted leave with pay for actual time spent at proceedings and in related travel that occur during the employee's regularly scheduled hours of work.
        3. Leave with pay is not granted when an employee is the plaintiff or defendant in a proceeding, is called or subpoenaed as a paid expert witness not on behalf of the Laboratory or the University, or is called or subpoenaed because of duties for another employer. The time off in these situations is charged to vacation or leave without pay.

    E. Roles and Responsibilities

    Managers, supervisors, and employees have the responsibility to adhere to the provisions of this policy.

    F. Definitions/Acronyms

    Term

    Definition

    Full time

    Full-time status is fixed time at 40 hours per workweek.

    Part time

    Part-time status is fixed time up to 39 hours per workweek.

    G. Recordkeeping Requirements

    None

    H. Implementing Documents

    None

    I. Contact Information

    For more information, contact your division's Human Resources Center.

    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

    J. Revision History

    Date

    Revision

    By whom

    Revision Description

    Section(s) affected

    Change Type

    1/2/2012

    0

    M. Bello

    Re-write for wiki (brief)

    All

    Minor

    11/19/2014

    1

    L. Westphal

    Re-write for wiki (policy)

    All

    Minor

    DOCUMENT INFORMATION

    Title:

    Jury Duty, Court Leave, and Witness Duty Leave

    Document number

    02.07.008.000

    Revision number

    1

    Publication date:

    11/19/2014

    Effective date:

    1/24/1999

    Next review date:

    11/19/2017

    Policy Area:

    Leaves of Absence

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    Section 2.11(A)

    Functional Division

    Human Resources

    Prior reference information (optional)

    Section 2.11(A)

    Source Requirements Documents

    • California Labor Code 230
    • DOE Contract DE-AC02-05CH11231, Mod No. M046, Sec.J, App. A, Advance Understandings on Human Resources
    • University of California Personnel Policies for Staff Members (PPSM) 2.210, Absence from Work

    Implementing Documents

    None

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