Common use of Absence in Response to Subpoena Clause in Contracts

Absence in Response to Subpoena. A. An employee who is not a party to a court case or administrative hearing or who is not being subpoenaed with respect to any matter arising out of employment other than his/her employment with the EMPLOYER who is subpoenaed to appear in a court of administrative hearing during normal work hours may be granted a leave of absence from normal duties to permit compliance with the subpoena, provided the employee meets the following: 1. Notifies the SUPERINTENDENT's designee of the issuance of the subpoena within two (2) days after receipt of the subpoena. 2. Submits a statement signed by the employee to the Treasurer stating: (a) the date(s) and time in attendance at the proceeding. (b) the actual amount of any compensation which was received as a result of the appearance or, if no compensation was received, a statement so stating. 3. The amount of any compensation, except that which is paid specifically for expenses incurred by reason of the summons, must be remitted by the employee to the office of the Treasurer before the end of the current pay period in which the absence occurred. Adherence to this regulation will result in no loss of salary. If this regulation is not followed, the absence will be deemed non-paid leave of absence. B. In the event an employee is required by the EMPLOYER or is otherwise subpoenaed to appear in Court on behalf of the EMPLOYER during a period in which the employee is not assigned to work, he/she shall be paid at his/her regular rate of pay, with a minimum of three (3) hours guaranteed.