Common use of Subpoena Leave Clause in Contracts

Subpoena Leave. 12.11.1 A unit member shall be granted a paid leave of absence when subpoenaed as a witness and not as a litigant in a court of law. The leave shall be granted for the time necessary to comply with the subpoena, including necessary travel time as certified by an authorized officer of the court. Upon notification to his/her supervisor, thirty (30) minutes shall be available to the unit member both prior to and after fulfilling the requirements of the subpoena. 12.11.2 After fulfilling the requirements of a subpoena, if the unit member has two hours or less remaining in his/her regular work schedule and the appearance has occurred at a location other than on District property, the unit member is not required to return to work to complete his/her regular daily assignment and need not use any leave to cover the remainder of the work assignment. 12.11.3 In instances in which a unit member is subpoenaed to appear other than during his/her regular work schedule, the District reserves the right to decide if the unit member shall be permitted to work overtime to comply with the subpoena, alter his/her work schedule or consider other alternatives to permit the employee to comply with the subpoena. 12.11.4 Any unit member who requests that the Board of Trustees issue a subpoena for another unit member to testify at a discipline appeals hearing shall be assured that the District will permit said employee to attend the hearing and that employee shall receive paid subpoena leave pursuant to the article. 12.11.5 Subpoena leave shall not be accumulated from year to year. Compensation for such leave will be made up to a maximum of ten (10) working days per year. The amount of such compensation shall be equivalent to but not more than the difference between the unit member's regular earnings and any amount received under the subpoena. 12.11.6 A unit member who has received a subpoena to appear at a grievance hearing shall be required to cover the leave to comply with the subpoena by using any appropriate leave as provided by this contract, including but not limited to, released time for Chapter business pursuant to Article 3.4.3. 12.11.7 Subpoenas may be served by District employees who are not parties to the matter for which the subpoena is being issued.

Appears in 8 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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