IS-2090 Court Leave (Policy)
Human Resources
Release Date: 08/01/01
Revision 1: 02/19/20
Policy
CNM Board Policy
Employee Handbook 8.15, Court Leave
Administrative Directive
Regular, full-time instructional, instructional support, and non-instructional employees are eligible for leave with pay to enact public duties required by the court. If an employee requires leave to appear in court to assert or protect personal legal interests, the employee uses personal leave, annual leave, or leave without pay.
1.1 Leave with full pay is granted to regular, full-time employees to enact public duties required by the court, including: jury duty, response to subpoena or other legal process which requires an absence from work. An example of another legal process covered by court leave is giving a deposition in a legal case that does not address the employee's personal legal interests.
1.2 The supervisor may require the employee to present proof of participation in public court duties.
1.3 Court leave is granted on an as-needed basis. Employees do not accrue (earn) court leave. Any court leave that is used is not deducted from any leave balances.
1.4 The employee cannot accept payment from both CNM and the court system or legal counsel for time away on court leave.
1.5 If an employee is paid for enacting public duties while on court leave, it is the employee's responsibility to ensure that CNM receives that payment.
1.5.1 To ensure that CNM receives payment for court duties, the employee must write CNM as the employee's place of work on jury duty or other court forms.
1.5.2 If the employee receives a direct payment for a court duty, the employee will endorse to CNM any check made payable to the employee for participation in the legal process or direct the appropriate agency or attorney to make a check payable to CNM for the employee's participation.
1.6 If the employee chooses to keep any payment for court duties, the time the employee spends on those duties will be charged to the employee's annual leave.
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Sometimes called vacation time. Regular, full-time non-instructional employees receive annual leave with pay. For more information, see IS-2074 Annual Leave. |
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Regular, full-time employees may request to take unpaid leave. |
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Regular, full-time instructional and non-instructional employees receive personal leave. |
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Any legal proceedings involving the employee's personal interests. For example, appearing in court to contest a ticket is a personal legal matter. |
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Court duties that address the public interest. These duties include: jury duty, response to subpoena and other legal processes, such as giving depositions, as long as these processes do not address the employees personal legal interests. |
Human Resources
Release Date: 8/1/01
Procedure
Employee
1.1 Submit request for court leave to supervisor in advance using a Request for Leave form.
1.1.1 Submit proof of participation in public court duties (jury duty, response to subpoena or other legal process which requires an absence from work) if supervisor requires proof.
Supervisor
1.2 Sign Request for Leave if permission is given. Forward the Request for Leave form to the Timekeeper.
Timekeeper
1.3 Record leave hours on employees regular Timesheet/Leave Register. Retain Request for Leave in department's timesheet records.
Employee
2.1 Receive jury duty information form from court at jury orientation. Write in CNM as place of work. The court automatically sends payment directly to CNM payroll.
Payroll
2.2 Process payment for jury duty from the court by forwarding to Accounts Receivable.
Accounts Receivable
2.3 Deposit payment into CNM general account.
2.4 If the employee receives a direct payment for a court duty, the employee proceeds as follows:
Employee
2.5 Either endorse the payment check to CNM or direct an agency or attorney to make a check payable to CNM in the amount of the court payment.
2.6 Send the check to Payroll with a copy of the court paperwork showing the amount the employee has been paid.
Payroll
2.7 Process payment by forwarding to Accounts Receivable.
Accounts Receivable
2.8 Deposit payment into CNM general account.
Forms
Support Materials:
Reference Materials:
Employee Handbook 8.15, Court Leave