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Administrative Manual - 207 Leaves of Absence

207.05 Court Leave

  1. POLICY

    JSA employees are encouraged to fulfill court obligations. When summoned for jury duty or subpoenaed as a witness in certain circumstances, eligible employees shall be excused from work and paid for regularly scheduled hours as specified below.

  2. ELIGIBILITY
    1. Jury Duty

      All regular or term full-time or part-time, one-half-time or more (having a regular work schedule of 20 hours per week or more) employees are eligible for court leave for jury duty (including grand jury duty).

    2. Work-Connected Subpoenaed Witness

      All employees, including State employees, are eligible for court leave for appearing in connection with JSA's work as a witness in court or other hearing or giving a deposition for one of the following:

      1. For JSA or at the request of its attorneys.
      2. For DOE or at the request of its attorneys.
      3. For the Government or its agencies when requested or approved by the Contracting Officer.
  3. ENTITLEMENTS
    1. Jury Duty
      1. Pay for actual time in court and related travel time not to exceed the number of hours in the employee's regularly scheduled workday and workweek up to maximums of eight hours per day and 40 hours per week. Jury duty leave is paid at the employee's basic rate.
      2. Time paid while serving on jury duty shall not count as time worked in the computation of overtime.
      3. Time paid for court duty does count for vacation and sick leave accrual.
    2. Work-Connected Subpoenaed Witness
      1. Pay for actual time in court or time spent giving a deposition and related travel time at the rate the employee would have been paid had he/she worked the same amount of time at his/her regular assignment (i.e., paid at the employee's straight-time rate).
      2. Related travel costs will be paid in accordance with JSA's business travel policy.
      3. Time paid while serving as a witness shall count as time worked for calculating overtime only when the employee serves as a witness for DOE or another government agency, when approved by the Contracting Officer.
  4. REMISSION OF FEES AND EXPENSES
    1. Jury Duty

      All fees and other expenses, except transportation expenses, paid to an employee in connection with his/her jury duty or witness appearance shall be remitted to JSA for the account of the Government.

    2. Work-Connected Subpoenaed Witness

      Normally, an employee shall not claim witness fees and expenses as a witness in a work-connected matter. However, if received, all fees and expense reimbursements shall be remitted to JSA for the account of the Government.

  5. PROCEDURES
    1. Upon receipt of a summons or subpoena an employee shall contact his/her supervisor immediately so that arrangements can be made for the employee to take leave.
    2. Supervisors shall review the employee's summons or subpoena and determine whether or not the employee is eligible for paid court leave. The supervisor shall contact the HR Manager for assistance, if he/she has doubts concerning the employee's eligibility for court leave or if Contracting Officer approval is required.
    3. If an employee has been subpoenaed on a work-connected matter, the supervisor shall inform the respective Associate Director/Office Head.
    4. An employee shall inform his/her supervisor immediately when his/her tour of jury duty or obligation as a witness ends so that the employee can be returned to normal work status.
    5. An employee on jury duty or witness service shall indicate Court Leave as applicable on his/her time sheet. Supervisors shall ensure that Court Leave time is recorded correctly.


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