IS - 2090 Court Leave Human Resources
Release Date: 8/1/01
Policy

CNM Board Policy

Employee Handbook 8.14, Court Leave 

Administrative Directive

Introduction

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 his or her own personal legal interests, the employee uses personal leave, annual leave, or leave without pay.

1. Court Leave

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.

2. Definitions

Annual Leave   Sometimes called vacation time.  Regular, full-time non-instructional employees receive annual leave with pay.  For more information, see IS-2074 Annual Leave.
Leave without Pay     Regular, full-time employees may request to take unpaid leave.
Personal Leave       Regular, full-time instructional and non-instructional employees receive personal leave.  For more information, see IS-2072 Personal Leave.
Personal legal interests Any legal proceedings involving the employee’s personal interests.  For example, appearing in court to contest a ticket is a personal legal matter.
Public duties  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 employee’s personal legal interests.     

                                                       

Forms:

Request for Leave
Timesheet/Leave Register

Support Materials:

IS-2072, Personal Leave
IS-2074
, Annual Leave
IS-2094, Leave without Pay
IS-2052
, Employee Categories

Reference Materials: Employee Handbook 8.14, Court Leave

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