Personnel - Leave Policies
Civil Leave (6.22.4)
PROCEDURE
Regular employees shall be granted civil leave when, in obedience
to a subpoena or direction by proper authority, an employee appears
as witness for the Federal government, the State of Tennessee
or a political subdivision of the State or when it is necessary
to attend any court in connection with official duties or serve
on a jury in any State or Federal Court.
In accordance with TCA 224108, the employee shall
be excused from returning to employment for any scheduled work
day such employee's responsibility for jury duty exceeds three
(3) hours during the day for which an excuse is sought. Employees
serving less than three hours on a scheduled work day shall return
to work for the reminder of their work day. Travel time is not
to be included in determining whether or not an employee's actual
jury duty service has exceeded three (3) hours.
However, if an employee summoned for jury duty is working a night
shift or is working during hours preceding those in which court
is normally held, such employee shall also be excused from his/her
employment as provided by this section for the shift immediately
preceding his/her first day of service on any lawsuit. After the
first day of service, when such person's responsibility for jury
duty exceeds three (3) hours during a day then such person shall
be excused from his/her next scheduled work period occurring within
twentyfour (24) hours of such day of jury service. Any question
concerning the application of the provisions of this paragraph
to a particular work shift or shifts shall be conclusively resolved
by the trial judge of the court to which the employee has been
summoned.
For the period an employee eligible for civil leave renders jury
service or serves as witness, he or she shall be entitled to the
difference between regular compensation and the amount allowable
for such service, except travel expenses and parking received.
The employee may be required to provide a statement from the court
which includes dates and times of service and any compensation
received.
Payment for time served on civil leave and time spent traveling
to and from court shall be made at the employee's regular rate
of pay, except that such compensation shall not exceed the total
of the employee's regularly scheduled daily pay. However, if the
employee elects to use annual leave rather than civil leave, he
or she may do so and retain all compensation or fees received
as a witness or juror. Travel expenses (mileage) will not be paid
by the institution.
Employees involved in personal litigation or who serve as witnesses
in private litigation shall be charged with annual leave or leave
without pay.
REFERENCES
TBR Policy No. 5:01:01:05