4.15 Jury-Witness Leave

Last Revised: 10 Oct 2019

Refer Questions to: Executive Director, Human Resources

Scope

This policy applies to employees in all offices and divisions of Gallaudet University, including Clerc Center teachers, unless specifically covered by collective bargaining agreements made between Gallaudet University and certified bargaining agents.

Policy

The University believes that every citizen should fulfill his/her civic responsibilities in serving on court juries or as a witness when compelled by subpoena or other legal process.

If an employee is summoned for jury duty, and the employee is either a regular status or extended temporary employee, the University pays the difference between his/her regular base salary for those days and hours normally scheduled to be worked and the sum received for such services, if any. Employees who work full-time but are not regular or extended temporary status employees are compensated for up to a maximum of five work days. Employees who do not work full-time and are not regular or extended temporary status employees are not compensated for jury duty leave.

If an employee is summoned to appear as a witness in a court case, and the employee is a regular status or extended temporary employee, then the University pays the difference between his/her regular base salary for those days and hours normally scheduled to be worked, except that the University will not pay when the employee appears as a witness for his/her own personal benefit.

Approved by: Gallaudet University Board of Trustees

Procedures

1. The employee must present the jury duty or court witness summons to his/her supervisor as soon as notification is received. In unusual cases, the University may request a postponement of jury duty. If it is not granted, the employee is given leave.
2. If an employee is released from jury duty or witness service for any period during normally scheduled working hours, the employee should report for work, provided that reporting for work does not interfere with the performance of the responsibilities assigned by the court.
3. While on jury duty or witness leave, the employee continues to be paid for the number of hours/days normally scheduled to be worked (to the extent they are entitled to pay as provided in the above policy).
4. Upon return to work status, the employee must provide the supervisor and the Payroll Supervisor with a statement from the Clerk of the Court or other responsible court official giving the dates the employee served and the amount of compensation received for those services. The employee retains the compensation received from the court, if any, and the amount is deducted from the payment the employee receives per #3 above. The amount deducted does not include any money received from the court for mileage or meals.
5. The W-2 form from the University does not include amounts received by the employee from the court. It is the employee’s responsibility to report amounts received as compensation on his/her tax return.
6. Employees on paid jury/witness leave continue to accrue leave in the usual manner.