HR0315 – Court Leave

Policy Statement

To provide paid leave for employees serving on jury duty or as a witness in state or federal court or other legal tribunal.

Paid Leave

An employee who receives a summons to jury duty or subpoena to testify as a witness shall be excused from reporting to work for each day that the employee’s services as a juror or witness exceeds three (3) hours (including traveling to/from court) in any court of the United States. If service is less than three (3) hours, the employee is expected to report to work.

While serving on jury duty or as a witness, the employee will receive his or her usual rate of pay for the time spent serving as a juror or witness (including traveling to/from court), but such pay shall not exceed the employees regularly scheduled daily pay. Should the employee return to work for part of his/her regular workday, the employee will be paid for that time worked. The employee may retain any compensation received for jury duty or as a witness.

An employee summoned for jury or witness duty who is scheduled to work a night shift or during hours preceding regular court hours will be excused from work on the shift immediately preceding the employee’s first day of service. After the first day of service, when the employee’s jury or witness duty is three (3) or more hours during a day, he/she will be excused from the next shift if it occurs within twenty-four (24) hours of that day of jury or witness service. Any questions concerning the application of this paragraph shall be conclusively resolved by the trial judge of the presiding court.

Exceptions to Paid Leave

An employee shall not be entitled to paid leave under this policy in the following circumstances:

1. When the employee is a party to litigation in which the University is not a party.
2. When a staff employee is serving as an expert witness in a case not involving the University unless it is otherwise part of the employee’s job duties.
3. When a faculty member is serving as an expert witness.

Reason for the Policy

The purpose of this policy is to provide employees an understanding of their entitlement to leave when subject to a court summons or subpoena.

Scope and Application

This policy will affect all employees who are subject to a court summons or subpoena.

Procedures

See HR0315 Procedures.

Penalties/Disciplinary Action for Non-Compliance

Failure to comply with the notice requirements set forth in this policy could result in a delay or denial of approval of leave.

Responsible Official & Additional Contacts

Knoxville

Subject Matter	Office Name	Telephone Number	Email/Web Address
General Information, Procedural Assistance, Document Processing	Human Resources	(865) 974-6642	hr@utk.edu

Chattanooga

Subject Matter	Office Name	Telephone Number	Email/Web Address
General Information, Procedural Assistance, Document Processing	Human Resources	(423) 425-4221	laure-pou@utc.edu

Southern

Subject Matter

Office Name

Telephone Number

Email/Web Address

General Information, Procedural Assistance, Document Processing

Personnel Office

(931) 424-7379

jhlubb@utsouthern.edu

System Administration

Subject Matter	Office Name	Telephone Number	Email/Web Address
General Information, Procedural Assistance, Document Processing	Personnel Office	(865) 946-8847	systemhr@tennessee.edu

Martin

Subject Matter	Office Name	Telephone Number	Email/Web Address
General Information, Procedural Assistance, Document Processing	Office of Personnel Services	(731) 881-7850 (731) 881-7845	mwashi24@utm.edu

UTHSC

Subject Matter	Office Name	Telephone Number	Email/Web Address
General Information, Procedural Assistance, Document Processing	Personnel Office	(901) 448-5600	hr@uthsc.edu