Common use of Jury Duty and Court Leave Clause in Contracts

Jury Duty and Court Leave. Section 1. Performance of jury duty is considered a basic civic responsibility of all employees. Accordingly, it is not appropriate to initiate a request to defer or excuse employees summoned to serve in either Federal or State Courts except in cases of the employee’s illness or physical disability. Although temporary loss of the employee’s service may impair operating capabilities, the employee’s civic duty is of overriding importance.There may occasionally arise urgent and extreme cases not involving the employee’s illness or physical disability where a request to defer or excuse an employee may be appropriate.These must be determined on an individual basis. Section 2. If the employee’s regularly scheduled tour of duty for the period covered by court leave includes any overtime or holiday, Sunday, or night shift work, the individual is entitled, except to the extent prohibited by applicable statutes, to all other such pay as if this time were worked and the employee had not been on court leave for the judicial proceeding. Generally, fees received for jury or witness service on a non-workday, a holiday, or while in a leave without pay status may be retained by the employee. Any mileage and subsistence allowance received may be retained by the employee. An employee who is on court leave, and released early, may be granted administrative leave for the remainder of the day. Employees assigned to night duty shall be granted court leave on the days on which court duty is to be performed when attendance in court would cause them to lose time for needed rest. Section 3. At the request of an employee who has been granted court leave, the employee’s regular days off shall be changed to coincide with jury service days off. This change of an employee’s regular days off shall not entitle the employee to receive pay in excess of that authorized for the rescheduled tour of duty. Section 4. When an employee is summoned as a witness in a judicial proceeding to testify in an unofficial capacity on behalf of any party where the United States, the District of Columbia, or any State, or local government is a party, in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, or the Republic of Panama, the employee is entitled to court leave during the absence. Section 5. When summoned or assigned by the Agency to testify in an official capacity on behalf of the United States Government or the Government of the District of Columbia, an employee is in an official duty status as distinguished from a leave status, and is entitled to his/her regular pay. An employee, not in an official capacity, who is subpoenaed or otherwise ordered by the court to appear as a witness on behalf of a private party when a party is not the United States, the District of Columbia, or State or local government, shall be granted annual leave or LWOP for the absence as a witness. Section 6. An employee receiving court leave or an absence in an official duty status must show the order or subpoena which required his attendance in court signed by the clerk of courts or other appropriate official.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Jury Duty and Court Leave. Section 1. Performance The Parties agree that the performance of jury duty and appearances in court in cooperation with the judicial systems of our nation, states, counties, and municipalities is considered both a basic civic civil right and a responsibility of all employees. Accordingly, it is not appropriate to initiate a request to defer or excuse employees summoned to serve in either Federal or State Courts except in cases of the employee’s illness or physical disability. Although temporary loss of the employee’s service may impair operating capabilities, the employee’s civic duty is of overriding importance.There may occasionally arise urgent and extreme cases not involving the employee’s illness or physical disability where a request to defer or excuse an employee may be appropriate.These must be determined on an individual basisBUEs. Section 2. If the employee’s regularly scheduled tour of duty for the period covered by A BUE on court leave includes any overtime or holiday, Sunday, or night shift work, the individual is entitled, except shall be entitled to the extent prohibited by applicable statutes, same premium pay they would have received had they worked their regular shift. Section 3. A BUE under proper summons from a court to all other such pay as if this time were worked and the employee had not been serve on a jury shall be granted court leave for the judicial proceedingentire period, regardless of the number of hours per day or days per week they perform jury service during the period. GenerallyJury service for which a BUE is entitled to court leave does not include periods when the BUE is excused or discharged by the court, fees received either for an indefinite period subject to call by the court, or for a definite period in excess of one (1) day. A BUE should keep their Facility Supervisor informed of their jury or witness service on status. On a noncase-workdayby- case basis, a holiday, or while in a leave without pay status BUE may be retained required to return to duty by their Facility Supervisor if the employeeBUE is excused from jury service for one (1) day or a substantial part of a day. Any mileage and subsistence allowance received may be retained by the employee. An employee A BUE who is on court leave, leave and is released early, early may be granted administrative leave excused from duty for the remainder of the day. Employees assigned The BUE shall not, however, be required to night return to duty shall be granted court leave on the days on which court duty is to be performed when attendance in court if it would cause them to lose time for needed restthe BUE a hardship (e.g., excessive travel issues, child care problems, sleep interruption, and scheduling issues) unless an operational requirement exists. Section 34. The BUE may be required, upon request of the Facility Supervisor, to submit official correspondence identifying their jury service. Section 5. At the request of an employee a BUE who has been granted court leave, the employee’s regular their days off shall be changed to coincide with their jury service days off. This change of an employeea BUE’s regular days off shall not entitle the employee BUE to receive pay in excess of that authorized for the their rescheduled tour of duty. Section 46. When an employee a BUE is summoned as a witness in a judicial proceeding to testify in an unofficial capacity on behalf of any party where the United States, the District of Columbia, or any State, State or local government is a party, in the District of Columbia, a State, territoryTerritory, or possession a Possession of the United States States, including the Commonwealth of Puerto Rico, Rico or the Trust Territory of the Pacific Islands, or the Republic of Panama, the employee is they are entitled to court leave during the absencetime they are absent as a witness. Section 57. When a BUE is summoned or assigned by the Agency Employer to testify in an official capacity or produce official records on behalf of the United States Government or government, the Government government of the District of Columbia, an employee is or any other party, they are in an official duty status status, as distinguished from a leave status, and is are entitled to his/her their regular pay. An employee, not in an official capacity, who is subpoenaed or otherwise ordered by the court to appear as a witness on behalf of a private party when a party is not the United States, the District of Columbia, or State or local government, shall be granted annual leave or LWOP for the absence as a witness. Section 68. An employee receiving court leave Generally, fees received for jury or an absence witness service on a non-workday, a holiday, or while in an official LWOP status, or any mileage and subsistence allowance in conjunction with the performance of jury duty status must show the order or subpoena which required his attendance in court signed witness service, may be retained by the clerk of courts BUE in accordance with law, rule, or other appropriate officialregulation.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Jury Duty and Court Leave. Section section 1. Performance of jury duty is considered a basic civic responsibility of all employeesemployees . Accordingly, it is not appropriate to initiate a request to defer or excuse employees summoned to serve in either Federal or State Courts except in cases of the employee’s illness or physical disabilitydisability . Although temporary loss of the employee’s service may impair operating capabilities, the employee’s civic duty is of overriding importance.There may occasionally arise urgent and extreme cases not involving the employee’s illness or physical disability where a request to defer or excuse an employee may be appropriate.These must be determined on an individual basis.duty Section section 2. If the employee’s regularly scheduled tour of duty for the period covered by court leave includes any overtime or holiday, Sunday, or night shift work, the individual is entitled, except to the extent prohibited by applicable statutes, to all other such pay as if this time were worked and the employee had not been on court leave for the judicial proceedingproceeding . Generally, fees received for jury or witness service on a non-workday, a holiday, or while in a leave without pay status may be retained by the employeeemployee . Any mileage and subsistence allowance received may be retained by the employee. An employee who is on court leave, and released early, may be granted administrative leave for the remainder of the day. Employees assigned to night duty shall be granted court leave on the days on which court duty is to be performed when attendance in court would cause them to lose time for needed rest.mileage Section section 3. At the request of an employee who has been granted court leave, the employee’s regular days off shall be changed to coincide with jury service days offoff . This change of an employee’s regular days off shall not entitle the employee to receive pay in excess of that authorized for the rescheduled tour of dutyduty . Section section 4. When an employee is summoned as a witness in a judicial proceeding to testify in an unofficial capacity on behalf of any party where the United States, the District of Columbia, or any Statestate, or local government is a party, in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, or the Republic of Panama, the employee is entitled to court leave during the absence., Section section 5. When summoned or assigned by the Agency to testify in an official capacity on behalf of the United States Government or the Government of the District of Columbia, an employee is in an official duty status as distinguished from a leave status, and is entitled to his/her regular paypay . An employee, not in an official capacity, who is subpoenaed or otherwise ordered by the court to appear as a witness on behalf of a private party when a party is not the United States, the District of Columbia, or State state or local government, shall be granted annual leave or LWOP for the absence as a witness.local Section section 6. An employee receiving court leave or an absence in an official duty status must show the order or subpoena which required his his/her attendance in court signed by the clerk of courts or other appropriate officialofficial .

Appears in 1 contract

Samples: Collective Bargaining Agreement

Jury Duty and Court Leave. Section 1. Performance The Parties agree that the performance of jury duty and appearances in court in cooperation with the judicial systems of our nation, states, counties, and municipalities is considered both a basic civic civil right and responsibility of all employees. Accordingly, it is not appropriate to initiate a request to defer or excuse employees summoned to serve in either Federal or State Courts except in cases Employees of the employee’s illness or physical disability. Although temporary loss of the employee’s service may impair operating capabilities, the employee’s civic duty is of overriding importance.There may occasionally arise urgent and extreme cases not involving the employee’s illness or physical disability where a request to defer or excuse an employee may be appropriate.These must be determined on an individual basisEmployer. Section 2. If the employee’s regularly scheduled tour of duty for the period covered by An Employee on court leave includes any overtime or holiday, Sunday, or night shift work, the individual is entitled, except shall be entitled to the extent prohibited by applicable statutes, same premium pay he/she would have received had he/she worked his/her regular shift. Section 3. A BUE who is under proper summons from a court to all other such pay as if this time were worked and the employee had not been serve on a jury shall be granted court leave for the entire period, regardless of the number of hours per day or days per week he/she performs jury service during the period. Jury service for which a BUE is entitled to court leave does not include periods when the BUE is excused or discharged by the court, either for an indefinite period, subject to call by the court or for a definite period in excess of one (1) day. A BUE should keep his/her FWS informed of his/her jury service status. On a case by case basis an BUE may be required to return to duty by his/her FWS, if the employee is excused from jury service for one (1) day or a substantial part of a day. A BUE who is on court leave, and is released early, may be excused from duty for the remainder of the day. The BUE shall not, however, be required to return to duty if it would cause the BUE a hardship (including but not limited to excessive travel issues, child care problems, sleep interruption, and scheduling issues), unless an operational requirement exists. Section 4. The BUE may be required to submit official correspondence identifying his/her jury service upon request of the FWS. Section 5. At the request of a BUE who has been granted court leave, his/her regular days off shall normally be changed to coincide with his/her jury service regular days off. The change of a BUE’s regular days off shall not entitle the BUE to receive pay in excess of that authorized for his/her rescheduled tour of duty. Section 6. When a BUE is summoned as a witness in a judicial proceedingproceeding to testify in an official capacity on behalf of any Party where the United States, the District of Columbia, or any State, or Local government is a Party, in the District of Columbia, a State, Territory, or a Possession of the United States including the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, or the Republic of Panama, he/she is entitled to court leave during the time he/she is absent as a witness. Section 7. When a BUE is summoned or assigned by the Employer to testify in an official capacity on behalf of the United States government or the government of the District of Columbia, he/she is in an official duty status as distinguished from a leave status, and is entitled his/her regular pay. An Employee, not in an official capacity, who is subpoenaed or otherwise ordered by the court to appear on behalf of a private Party when a Party is the United States, the District of Columbia, or State or Local government, shall be granted court leave for his/her absence as a witness. Section 8. Generally, fees received for jury or witness service on a non-workday, a holiday, or while in a leave without pay status may be retained by the employee. Any or any mileage and subsistence allowance received in conjunction with the performance of jury or witness service may be retained by the employee. An employee who is on court leavein accordance with law, and released early, may be granted administrative leave for the remainder of the day. Employees assigned to night duty shall be granted court leave on the days on which court duty is to be performed when attendance in court would cause them to lose time for needed rest. Section 3. At the request of an employee who has been granted court leave, the employee’s regular days off shall be changed to coincide with jury service days off. This change of an employee’s regular days off shall not entitle the employee to receive pay in excess of that authorized for the rescheduled tour of duty. Section 4. When an employee is summoned as a witness in a judicial proceeding to testify in an unofficial capacity on behalf of any party where the United States, the District of Columbiarule, or any State, or local government is a party, in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, or the Republic of Panama, the employee is entitled to court leave during the absenceregulation. Section 5. When summoned or assigned by the Agency to testify in an official capacity on behalf of the United States Government or the Government of the District of Columbia, an employee is in an official duty status as distinguished from a leave status, and is entitled to his/her regular pay. An employee, not in an official capacity, who is subpoenaed or otherwise ordered by the court to appear as a witness on behalf of a private party when a party is not the United States, the District of Columbia, or State or local government, shall be granted annual leave or LWOP for the absence as a witness. Section 6. An employee receiving court leave or an absence in an official duty status must show the order or subpoena which required his attendance in court signed by the clerk of courts or other appropriate official.

Appears in 1 contract

Samples: Negotiated Agreement

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Jury Duty and Court Leave. Section SECTION 1. Performance of jury duty is considered a basic civic responsibility of all employees. Accordingly, it is not appropriate to initiate a request to defer or excuse employees summoned to serve in either Federal or State Courts except in cases of the employee’s illness or physical disability. Although temporary loss of the employee’s service may impair operating capabilities, the employee’s civic duty is of overriding importance.There may occasionally arise urgent and extreme cases not involving the employee’s illness or physical disability where a request to defer or excuse an employee may be appropriate.These must be determined on an individual basis.duty Section SECTION 2. If the employee’s regularly scheduled tour of duty for the period covered by court leave includes any overtime or holiday, Sunday, or night shift work, the individual is entitled, except to the extent prohibited by applicable statutes, to all other such pay as if this time were worked and the employee had not been on court leave for the judicial proceeding. Generally, fees received for jury or witness service on a non-workday, a holiday, or while in a leave without pay status may be retained by the employee. Any mileage and subsistence allowance received may be retained by the employee. An employee who is on court leave, and released early, may be granted administrative leave for the remainder of the day. Employees assigned to night duty shall be granted court leave on the days on which court duty is to be performed when attendance in court would cause them to lose time for needed rest. Section SECTION 3. At the request of an employee who has been granted court leave, the employee’s regular days off shall be changed to coincide with jury service days off. This change of an employee’s regular days off shall not entitle the employee to receive pay in excess of that authorized for the rescheduled tour of duty. Section SECTION 4. When an employee is summoned as a witness in a judicial proceeding to testify in an unofficial capacity on behalf of any party where the United States, the District of Columbia, or any Statestate, or local government is a party, in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, or the Republic of Panama, the employee is entitled to court leave during the absence., Section SECTION 5. When summoned or assigned by the Agency to testify in an official capacity on behalf of the United States Government or the Government of the District of Columbia, an employee is in an official duty status as distinguished from a leave status, and is entitled to his/her regular pay. An employee, not in an official capacity, who is subpoenaed or otherwise ordered by the court to appear as a witness on behalf of a private party when a party is not the United States, the District of Columbia, or State state or local government, shall be granted annual leave or LWOP for the absence as a witness. Section SECTION 6. An employee receiving court leave or an absence in an official duty status must show the order or subpoena which required his his/her attendance in court signed by the clerk of courts or other appropriate official.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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