HR - Jury and Witness Duty - MA & CA

Policy Statement and Reason

For the purpose of this policy, employees include staff only. All provisions of this policy apply, except that for employees covered by a collective bargaining agreement, this policy does not create any benefits not expressly provided by that collective bargaining agreement and if there are inconsistencies between this policy and the collective bargaining agreement, the terms of the collective bargaining agreement will govern. 

The College encourages staff employees to accept their civic responsibilities when called to serve as jurors or witnesses. Therefore, eligible staff employees may take time away from work for this purpose as set forth below.

Policy Guidelines

Eligibility

Upon hire, regular full-time and part-time staff employees and temporary staff employees are eligible for Jury Duty Leave and Jury Pay as well as Witness Duty Leave in accordance with this policy.

Notification

Staff employees must notify their supervisors as soon as possible after staff employees learn of their need to take Jury Duty Leave or Witness Duty Leave. Staff employees may be asked to provide the College with proper documentation from the courts establishing their need to take such leave. For Jury Duty Leave, staff employees shall provide the College with the jury summons, along with documentation from the court verifying that they reported for jury duty service and stating the time they were released, if possible. For Witness Duty Leave staff employees must submit documentation from the court showing the time spent appearing as a witness, if possible, including a subpoena to testify.

Payment during Jury Duty and Witness Duty Leave

Jury Pay:

  • Full-Time and Part-Time Staff Employees: Full-time and part-time staff employees called to jury duty on days they are regularly scheduled to work will receive 100% of their regular rate of pay for regularly scheduled hours for up to two (2) weeks of Jury Duty service.  After two (2) weeks of Jury Duty, non-exempt staff employees may use available personal and/or vacation time for the remainder of Jury Duty or go unpaid if staff employees have no available personal and/or vacation time.  After two (2) weeks of Jury Duty, exempt staff employees will continue to be paid the full weekly salary provided they are able to work a portion of the day (before or after Jury Service).  If jury service prevents the exempt staff employee from performing any work during a full week, they may use available personal and/or vacation time for the remainder of Jury Duty or go unpaid if staff employees have no available personal and/or vacation time.
  • Temporary Employees: Temporary staff employees will receive up to three (3) days of pay for the first three (3) days of jury duty provided that jury duty falls on regularly scheduled workdays.  Any time off beyond three (3) days is unpaid.

Use of Personal and Vacation Time (Witness Duty):

  • Witness Duty Leave is unpaid for staff employees. Staff employees may use available personal and then vacation time for witness duty. Staff employees who are assisting the College in litigation as witnesses or otherwise will be paid for all such time as work time at their regular wages.

Partial Days of Jury Duty and Witness Duty Leave

Unless otherwise excused by their supervisors, employees are required to report to work if their jury or witness duty ends early, with enough time remaining for them to arrive at work and work a half day.  

Protections

Staff employees will not be discriminated or retaliated against for taking Jury Duty or Witness Duty Leave.

Other Information

Related Policies

Key Offices to Contact 

Please contact Human Resources for further information regarding this policy and its implementation.       

Links to Procedures or Forms

Not applicable

Definitions

Not applicable

The contents of this policy are informational only and are not conditions of employment.  This policy does not create any contractual obligations or alter the at-will employment of the College’s at-will employees. Emerson College reserves the right to modify, revoke, suspend, terminate, or change any and all policies and procedures at any time, with or without notice, as consistent with state and federal law.

 

Policy Effective Date:  May 2019