Civil Leave

Title

Civil Leave

Introduction

Civil Leave is a form of paid leave at the employee’s normal hourly rate to compensate employees for absences required due to jury duty or to subpoenas for court appearances.

Court-Related Activities Not Covered By Civil Leave

Work-Related Proceedings

For all University employees (SHRA and EHRA, permanent and temporary) time spent in work-related court proceedings is considered work time, not Civil Leave. For FLSA non-exempt employees, this time is considered time worked for the purposes of determining overtime eligibility.

When an employee attends court in connection with official duties, no leave is required and all fees received are turned in to the University. If court attendance is required on a non-work day, it is considered time worked and included in the work week total.

Party to the Complaint

An employee who is a plaintiff or defendant in a court case is not eligible for Civil Leave. The employee may, however, use other available leave or paid time off as approved by management, or take leave without pay.

Eligibility

Employees who are eligible for Civil Leave:

  • SHRA permanent employees (including probationary, trainee, and time-limited) regularly scheduled half-time or more;
  • EHRA Non-Faculty permanent employees; and
  • EHRA Faculty who earn leave.

Employees who are not eligible for Civil Leave:

  • SHRA or EHRA temporary employees;
  • Student employees;
  • Post-Docs;
  • SHRA permanent employees regularly scheduled less than half-time; and
  • EHRA Faculty who do not earn leave.

Relationship to Other Paid Leave

Civil leave is not offset by additional hours worked; and is not considered time worked for the purposes of determining overtime eligibility.

See Determining Time Worked for more information.

Jury Duty

Only hours of jury duty that occur during an eligible employee’s regular work schedule are considered Civil Leave. This includes required appearance at the court during jury selection.

Exception: Normally, jury duty hours occurring outside the employee’s regular work schedule are not compensable. However, second-shift employees are not required to work on the day that jury duty occurs, and third-shift employees are not required to work the shift that ends on the day that jury duty begins. This applies to all second or third shift employees, regardless of shift length.

Subpoenaed as Witness

When an employee is subpoenaed or directed by proper authority to appear as a witness during the employee’s regular work schedule, Civil Leave is granted, and any payment received is turned in to the University. However, an employee may elect to use other paid leave (vacation, bonus, etc) for the absence and keep any fees received.

Return to Work

If more than half of the work day remains after the employee completes his/her court duties for the day, the employee must return to work or use other available leave or leave without pay for the absence as allowed by management.

If less than half of the work day remains after the employee completes his/her court duties for the day, the employee may return to work or may code the remainder of the day as Civil Leave, at the employee’s discretion.

Recordkeeping

The employee must submit a request for Civil Leave to management for approval, along with appropriate documentation (summons, subpoena, etc.) as to purpose, date, and expected duration of the court-related event as soon as practicable.

There is no accrual amount for Civil Leave nor is there a maximum amount of Civil Leave an employee can apply in a calendar year.

Details

Article ID: 131725
Created
Thu 4/8/21 9:15 PM
Modified
Thu 7/29/21 12:23 PM
Effective Date
If the date on which this document became/becomes enforceable differs from the Origination or Last Revision, this attribute reflects the date on which it is/was enforcable.
01/06/2017 12:00 AM
Issuing Officer
Name of the document Issuing Officer. This is the individual whose organizational authority covers the policy scope and who is primarily responsible for the policy.
Issuing Officer Title
Title of the person who is primarily responsible for issuing this policy.
Associate Vice Chancellor
Last Review
Date on which the most recent document review was completed.
01/06/2017 12:00 AM
Last Revised
Date on which the most recent changes to this document were approved.
01/06/2017 12:00 AM
Next Review
Date on which the next document review is due.
11/30/2018 12:00 AM
Origination
Date on which the original version of this document was first made official.
11/30/1951 11:00 PM
Responsible Unit
School, Department, or other organizational unit issuing this document.
Office of Human Resources