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Leaves (HR-400)

HR-410 Legal Proceedings

Summary

Employees involved in legal proceedings may receive time off to attend the proceedings depending on the nature of employee involvement.

Witness Under Subpoena

An employee served a subpoena to appear as a witness in any legal proceeding must promptly report to the supervisor, advising of the date and probable length of absence required. The employee shall thereupon be excused from duties for the reasonable time required to answer such subpoena. The employee shall be entitled to retain all compensation received as such witness and no deduction shall be made from regular compensation for a reasonable absence from duty on account of responding to such subpoena. The above provision shall not apply to an employee appearing in any legal proceedings without being duly subpoenaed.

Expert Witness With or Without Subpoena

An employee may serve as an expert witness with or without subpoena, provided that if serving under subpoena the employee reports to the immediate supervisor (as above provided) and if serving without subpoena, arrangements shall first be made with the employee's immediate superior for leave from duties during the necessary time required to serve as such witness. An employee serving as an expert witness shall be entitled to retain all compensation received as such, and no deduction shall be made from regular compensation. An employee serving as an expert witness shall report the compensation received as such to the immediate superior, who shall in turn report it to the appropriate dean or director.

Jury Services

Any employee who shall be called for any jury service shall report the call to the immediate superior (as above provided for a witness) and shall be relieved from duties for the reasonable time required for rendering such jury service. The employee shall be entitled to retain all compensation received for such jury service, and no deduction shall be made in his/her regular compensation for the reasonable time he/she is absent from duty on account of responding to such jury service.

Party In Any Legal Proceeding

An employee who is party in any legal proceeding and is required to be absent from his/her duties for the purpose of attending any trial or hearing therein shall report the same to the immediate superior (as above provided for a witness) and thereupon, shall be relieved from duties for such reasonable time as may be necessary to attend such legal proceedings.

Any regular Administrative, Service and Support employee who is a party in a legal proceeding and is required to be absent from duty is permitted time off with such time charged against accumulated vacation time. Any other Administrative, Service and Support employee who is absent from duty for any legal proceeding is permitted time off without compensation. Any full-time or part-time academic employee who is a party to a legal proceeding and is required to be absent from duty is permitted time off without loss of pay.

Procedures

A Report of Absence (UMUW Form 60) must be submitted for each period of absence, with or without pay, granted for the purpose of attending a legal proceeding. Absences granted without pay because of a legal proceeding may, at the option of the employee, be charged to accumulated vacation. (Employees required to maintain job time records should enter LEGAL PROCEEDING for any such absence not charged to accumulated vacation in lieu of reporting and leaving times and should enter the number of hours for which payment is to be made or "0" if absent without pay.)

The employee should work out an arrangement with the immediate supervisor that will assure that all responsibilities are met during this absence. Any employee 75 percent FTE or greater, who is required to be absent from duty in order to attend a Worker's Compensation conference or hearing is permitted time off without loss of University compensation or vacation time.

Date Created: 9/26/97

Last Updated: 7/21/98