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

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

DOCUMENT INFORMATION

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