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Jury Duty and Witness Duty Leave

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    Title:

    Jury Duty and Witness Duty Leave

    Publication date:

    5/6/2021

    Effective date:

    5/6/2021

    BRIEF

    Policy Summary

    Lawrence Berkeley National Laboratory (Berkeley Lab) provides paid time off for eligible employees to fulfill their jury duty requirements. In addition, Berkeley Lab provides unpaid or paid time off for eligible employees to attend an administrative or legal proceeding as a witness.

    Who Should Read This Policy

    This policy applies to eligible non-represented employees. 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 [email protected].

    Title:

    Jury Duty and Witness Duty Leave

    Publication date:

    5/6/2021

    Effective date:

    5/6/2021

    POLICY

    A. Purpose

    Lawrence Berkeley National Laboratory (Berkeley Lab) provides paid time off for eligible employees to fulfill their jury duty requirements. In addition, Berkeley Lab provides unpaid or paid time off for eligible employees to attend administrative or legal proceeding as a witness.

    B. Persons Affected

    This policy applies to eligible non-represented employees. Represented employees should consult their collective bargaining agreement.

    C. Exceptions

    Requests 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 a minimum, the approval of the Chief Human Resources Officer (CHRO).

    D. Policy Statement

    1. Eligibility. Only employees in career appointments are eligible for jury duty or witness duty leave.
    2. Jury Duty
      1. An employee summoned to required jury duty must provide a copy of the summons to their supervisor upon request.
      2. Employees are required to report back to work as soon as possible after they are released from jury duty, unless there are less than two hours remaining in their scheduled workday. Not returning in a timely manner may be considered an unexcused absence.
      3. Employees may be required to provide documentation from the court showing time served.
      4. An employee who serves on a jury on a holiday observed by Berkeley Lab due to required jury duty is eligible for holiday pay but does not receive an alternate day off.
      5. Exempt Employees
        1. Exempt employees will be granted leave with pay during required jury duty.
        2. However, exempt employees are expected to do what they reasonably can to maintain continuity of operations while on jury duty (e.g. keep in contact with supervisors, work on nights and weekends as needed).
      6. Non-Exempt Employees
        1. Non-exempt employees will be granted leave with pay for actual time spent on required jury duty and related travel, not to exceed the pay for the employee's normal workday and the normal workweek.
        2. On occasion, an employee may be asked to work after serving on jury duty that day, if available. Those who do so will receive pay for hours worked.
        3. Jury duty leave 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.
      7. Supervisors should attempt to redistribute workload so that the employee is not asked to work additional hours, except in emergencies.
    3. Witness Duty
      1. An employee summoned to appear as a witness in any administrative or judicial proceeding should provide a copy of the subpoena or order to their supervisor upon receipt.
      2. Employees are required to report back to work as soon as possible after they are released from witness duty, unless there are less than two hours remaining in their scheduled workday, in which case they should report to work on their next scheduled workday. If an employee does not return to work in a timely manner, Berkeley Lab may record the missed hours as an unexcused absence.
      3. Proceedings Involving Berkeley Lab or the University of California (UC). Required attendance at administrative or legal proceedings involving Berkeley Lab or UC, including service as a paid expert witness on behalf of Berkeley Lab or UC, is considered time worked.
      4. Proceedings Not Involving Berkeley Lab or the University of California (UC)
        1. Exempt Employees. An exempt employee will be granted leave with pay if subpoenaed to be a witness in an administrative or legal proceeding not involving Berkeley Lab or UC. Pay during witness duty will not exceed the pay for the employee's normal workday and the employee's normal workweek.
        2. Non-Exempt Employees. A non-exempt employee will be granted leave with pay for actual time spent on witness duty and in related travel if subpoenaed to be a witness in an administrative or legal proceeding not involving Berkeley Lab or UC. Pay during witness duty will not exceed the pay for the employee's normal workday and the employee's workweek. 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.
      5. Exceptions
        1. An employee will not receive paid witness leave to attend a trial in which the employee:
          1. Is a plaintiff.
          2. Is a defendant (unless the proceeding involves Berkeley Lab or UC).
          3. Voluntarily appears as a witness.
          4. Is testifying for a fee as an expert witness in a proceeding that does not involve Berkeley Lab or UC.
        2. In the above circumstances, an employee must use accrued vacation leave or take 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

    None

    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 [email protected].

    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

    5/6/2021

    2

    W. Crosson

    • Re-write to align with UC policy. Changes include provisions for returning to work, documentation, jury duty during a holiday, and how jury duty and witness duty leave is applied to exempt and non-exempt employees.
    • Clarifies eligibility of jury duty and witness duty leave for part-time career employees
    • Title change from "Jury Duty, Court Leave, and Witness Duty Leave" to "Jury Duty and Witness Duty Leave"

    All

    Major

    DOCUMENT INFORMATION

    Title:

    Jury Duty and Witness Duty Leave

    Document number

    02.07.008.000

    Revision number

    2

    Publication date:

    5/6/2021

    Effective date:

    5/6/2021

    Next review date:

    5/6/2026

    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, Sec. J, App. A, Advance Understandings on Human Resources
    • UC Personnel Policies for Staff Members (PPSM) 2.210, Absence from Work

    Implementing Documents

    None


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