2230-7

Court Leave
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LEAVE TO SERVE AS JUROR OR WITNESS:

An employee shall be entitled to a leave of absence from duties, without loss of pay or time and without effect on any performance evaluation, on all days during which the employee shall be subpoenaed to serve as a juror or witness by any federal, state or local court, or any administrative tribunal. The time allowed for court leave shall include the time that the employee's presence is actually required by the court, plus such additional time as is reasonably necessary in the opinion of the department for the employee to prepare for or recuperate from the court duty.

Court leave includes out-of-state judicial proceedings, but not out-of-state administrative tribunals.

CONDITIONS:

A copy of the subpoena must be submitted to the appropriate supervisor as a prerequisite for approval of court leave. Appropriate certification of service may also be required at the discretion of the department.

Employees are expected to report for work whenever the judicial proceeding schedule permits.

APPEARANCE ON BEHALF OF THE DEPARTMENT:

Employees who are required to appear in court on behalf of the Department are in work status. No leave or leave without pay will be charged.

Employees who are summoned to an administrative hearing, are expected to appear (e.g., before the State Personnel Board, Office of State Administrative Hearings, Unemployment Compensation, State Board of Workers' Compensation, Commission on Equal Opportunity, etc.). Employees so summoned are in work status during the time required to attend the hearing and for travel to and from the hearing. No leave or leave without pay will be charged.

LIMITATIONS:

Court leave shall not be granted to an employee who is charged with a crime.

Court leave shall not be granted for any case or proceeding in which the employee is a litigant, defendant, or other principal party, or if the employee has any other personal or familial interest in the proceeding.

An employee subpoenaed to serve as a juror or witness on a regularly scheduled off day or on a day observed as a holiday is not entitled to any equivalent time off or other compensation from the GDOT for such service.

An employee shall not receive any compensation or compensatory time for any time spent serving as a juror or witness which exceeds the employee’s regularly scheduled duty hours.

COMPENSATION FOR SERVING AS A JUROR OR WITNESS:

Employees may accept a nominal fee paid by a court for service as a juror or witness.

Employees who appear in court on behalf of the department as a part of their job duties are considered to be in work status and may NOT accept a witness fee since these employees are eligible for reimbursement of travel and related expenses. See TOPPS 7150-4.

REFERENCE:

Official Code of Georgia Unannotated 34-1-3
Rules of the State Personnel Board, Rule 18, Leave and Holidays, Section 18.600
Subpoenas Issued to Employees Concerning Job-Related Matters, TOPPS 7150-4

Authored by the Office of Personnel, 404-656-5260

Document History:

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