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Civil Leave

NON-JOB RELATED CIVIL LEAVE

Policy

Leave with pay is provided to employees when serving on a jury or when subpoenaed as a witness. It is the responsibility of the employee to inform the supervisor when the duty is scheduled and the expected duration.

Covered Employees

Employees with a full-time or part-time (half-time or more) permanent, probationary, trainee, or time-limited appointment are covered for non-job related civil leave.

Employees with a temporary, intermittent or part-time [less than half-time] appointment are not eligible for non-job related civil leave but are eligible for job-related civil leave and other job-related proceedings.

Jury Duty

An employee who serves on a jury is entitled to:

  • leave with pay,
  • regular compensation, and
  • fees received for jury duty.

The employee:

  • should report back to work as soon as jury duty is completed, and
  • must report back to work the day following completion of the duty.

Note: If jury duty occurs on a scheduled day off, the employee is not entitled to additional time off. Time on jury duty is not included in total hours worked per week.

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Shift Employees

When a second shift employee serves on a jury, the employee will not be required to work on the day that jury duty occurs. When a third shift employee serves on a jury, the employee will not be required to work the third shift that begins on the day prior to the day that jury duty occurs. This applies to all employees, regardless of the length of the shift.

Court Attendance

When an employee is subpoenaed or directed by proper authority to appear as a witness, the employee may choose one of the following options:

Option 1

Option 2

  charge no leave, and
  turn fees received in to the agency

  use vacation leave, and
  retain any fees received

 In either case, the time is not considered as work time and is not included in the total hours worked per week.

Advisory Note:  An employee who is a party (plaintiff or defendant) in a court procedure is not considered as a “witness”; therefore, vacation leave must be used, or leave without pay, for purpose of attending court.

JOB-RELATED CIVIL LEAVE AND OTHER JOB RELATED PROCEEDINGS

Policy

Leave with pay is provided to an employee to attend court or a job-related proceeding in connection with official job duties.

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Employees Covered

In addition to employees with a full-time or part-time (half-time or more) permanent, probationary, trainee or time-limited appointment, an employee with a temporary, intermittent or part-time (less than half-time) appointment is also included.

Court Attendance – Official Duties

When an employee attends court in connection with official duties:

  • no leave is required, and
  • fees received as a witness shall be turned in to the agency.

Note: If court is on a day that is normally an off-day, the time is working time and included in the total hours worked per week.

Shift Employees

When a second or third shift employee is required to attend court or a job-related proceeding in connection with official job duties, management shall determine the amount of time off regular duties as may be necessary.

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Revision Date: 12/01/1995

 

Resources

Print Version - MS Word MS Word format

Print Version - PDF pdf format

Policy History pdf format

Statutory Authority: G.S. 126-4(5) NC General Assembly Website

Administrative Rule: 25 NCAC 01E .1001, .1002 Office of Administrative Hearings Website