8.13 Court Appearance and/or Subpoenas (Excludes Unit 17)

  1. If an employee is served with a subpoena which compels the employee's presence as a witness and the employee is not a party to the legal action or an expert witness, the employee shall be granted a leave of absence with pay. Such pay shall be in the amount of the difference between the employee's regular pay and any amount the employee receives for such appearance. In no case shall this amount exceed the employee's regular pay.
  2. In the event an employee is a party to a legal action, the employee shall, upon reasonable notice and the approval of the immediate supervisor, be granted the use of the employee's accrued CTO, personal holiday, personal leave, annual leave, vacation or unpaid leave.
  3. Upon request and subject to operational needs, an employee on an alternate work schedule or shift other than Monday - Friday, 8:00 a.m. to 5:00 p.m. may be placed on an existing work schedule or shift that coincides with the time the employee is required to be available in accordance with the provisions of A above.

8.13.17 Court Appearance and/or Court Subpoenas (Unit 17)

  1. Whenever an employee is served with a court subpoena which compels the employee's presence as a witness, unless the employee is a party or an expert witness, such employee shall be granted a leave of absence with pay in the amount of the difference between the employee's regular earnings and any amount the employee receives for such appearance. The time authorized and used by a Unit 17 employee who is required by the State to prepare and testify as a witness, shall be considered as time worked.
  2. A Bargaining Unit 17 employee shall be granted reasonable state release time for appearances before the Board of Registered Nurses if the employee is exonerated of all charges.
  3. This action shall not be applicable to appearances for which the employee receives compensation in excess of the employee's regular pay.
  4. In the event an employee is a party to the legal action, the employee shall, upon reasonable notice and the approval of the immediate supervisor, be granted the use of the employee's accrued CTO, personal, annual, vacation or unpaid leave.
  5. Upon request, and subject to operational needs, an employee on an alternate work schedule or shift other than Monday - Friday, 8:00 a.m. to 5:00 p.m. may be placed on an existing work schedule or shift that coincides with the time the employee is required to be available in accordance with the provisions of A above.