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Chapter 340: Employee Absences

340.120 Leave for Legal Proceedings

Bd. Min. 9-16-60, p. 17,182, Amended Bd. Min. 11-29-07.

  1. Serving as Witness Under Subpoena -- Any staff member, academic and non-academic, who is served with a subpoena to appear as a witness in any legal proceedings shall promptly report such service to his or her immediate supervisor, giving the date that the staff member will be required to be absent from his duties and the probable length of time that he will be required to be absent. The staff member shall thereupon be excused from his duties for the reasonable time required to answer such subpoena.
    1. The staff member shall be entitled to retain all compensation received as such witness and no deduction shall be made in his regular compensation for the reasonable time he is absent from duty on account of responding to such subpoena.
    2. The above regulation shall not apply to staff members appearing in any legal proceedings without being duly subpoenaed.
  2. Serving as an Expert Witness With or Without Subpoena -- Any staff member may serve as an expert witness with or without subpoena, provided that if serving under subpoena he shall report to his supervisor as above provided and if serving without subpoena, arrangements shall first be made with the staff member's immediate supervisor for leave from his duties during the necessary time required to serve as such witness.
    1. All staff members serving as expert witness shall be entitled to retain all compensation received as such and no deduction shall be made from their regular compensation. Any staff member serving as an expert witness shall report the compensation received as such to his immediate superior, who shall in turn report it to his or her dean, or on campuses having no schools or colleges, the Provost.
  3. Absence for Jury Services -- Any staff member who shall be called for any jury services shall report his call to his immediate superior as above provided for a witness, and shall be relieved form his duties for the reasonable time required for rendering such jury service. The staff member shall be entitled to retain all compensation received for such jury service and no deduction shall be made in his regular compensation for the reasonable time he is absent from duty on account of responding for such jury service.
  4. A Party in Any Legal Proceedings -- Any staff member who is a party in any legal proceedings and is required to be absent from his duties for the purpose of attending any trial or hearing therein shall report the same to his immediate superior as above provided for a witness, and thereupon shall be relieved from his duties for such reasonable time as may be necessary for him to attend such legal proceedings.

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