Policy Number:         809 

Date Adopted:           05/01/1994                           

Date Revised:           04/15/2002

References:               2-18-619, M.C.A.; M.O.M. 3-0322; MUS 730.3.1;HRS Policies

Procedure

A non-student employee summoned as a juror or subpoenaed as a witness in a court or judicial proceeding must elect to receive leave with pay or annual leave, if eligible.

If the employee elects leave with pay, juror or witness fees paid to the employee shall be forwarded by the employee to the office of Human Resource Services within three (3) days of receipt.  The fees shall be applied against the amount due the employee from the University.

If an employee elects to charge witness or juror leave against annual leave, the employee shall retain juror/witness fees paid by the court.

Any expense (i.e. meals) or mileage allowance paid by the court shall be retained by the employee.

A part-time employee will receive pro-rated compensation for those hours the employee is normally scheduled to work.

An employee shall inform the supervisor of the date and anticipated duration of the absence as soon as possible after being summoned or subpoenaed.  The supervisor may request a copy of the summons or subpoena.

The University may request the court to excuse an employee from jury duty if the employee is needed to maintain proper operation of a department.  Such request shall be made in accordance with procedures set forth by the court and occur only in exceptional circumstances.

Juror/witness duty is considered time worked for the purpose of calculating overtime.

Juror duty and service as a witness must be accurately reported on the employee's time records.