RPM | REQUIREMENTS AND POLICIES MANUAL

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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:

1/2/2012

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.

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.
Use table form, if there are multiple roles and responsibilities to be explained.

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

NoneTrue?Not sure, so please leave as is.

H. Implementing Documents

NoneTrue?Yes, I believe this is true.

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


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.

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:

1/2/2015

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) 2.21, Absence from Work

Implementing Documents

NoneTrue?Yes, leave as is.

ADDITIONAL 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:

1/2/2015

Policy Area:

Leaves of Absence

RPM Section (home)

Human Resources

RPM Section (cross-reference)

Section 2.11(A)

Functional Division

Human Resources

Author name/contact info

M. Bello

 

 

Revision 0 publication date

1/24/1999

Retirement date

n/a

Prior reference information (optional)

RPM Section 2.11(A)

 

 

Inputs from more than one Functional Area?

No

List additional Functional Areas & contacts

 

 

 

Inputs from more than one Policy Area?

No

List additional Policy Areas & contacts

 

 

 

30-day notification needed?

No

30-day start date

n/a

30-day end date

n/a

 

 

LDAP protected?

No

 

 

Need TABL reminders?

No

Frequency

n/a

Brief reminder text:

n/a

 

 

Approval Sheet for this revision received (date) [Note: author is responsible}

 

Key labels/tags:

(Policy Area 1), (Policy Area 2), (Section)

New terms that need to be added to Glossary/Acronym list:

(list items not found and context (Policy Area name) – full definition would be included in Policy)

Implementing Documents restricted to department/functional use

(optional – these will be used for tracing between requirements and associated documents)

Document number

Title

 

 

 

 


Side bars:Side bar 1 location (cite by Policy Section # - for example: Section D.2.a)Sidebar 1 text: Sidebar 2 locationSidebar 2 text: Sidebar 3 locationSidebar 3 text:

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