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Library: Policy

OKDHS:2-1-50. Court or jury leave

Issued 10-1-10

     Upon application in writing, a permanent, probationary, temporary, unclassified, or exempt employee may be granted leave of absence as indicated below.

  • (1) Attendance at court in connection with an employee's official duties and time required in going and returning is not considered absence from duty.

  • (2) When, in obedience to a subpoena or direction by proper authority, an employee appears on a regular work day as a witness or a jury member for the federal government, the State of Oklahoma, or a political subdivision; as a witness before a state board, agency or commission, or as an expert witness in his or her capacity as a state employee, the employee shall be entitled to leave of absence for such duty with regular compensation.

  • (3) When an employee is subpoenaed in private litigation by some party other than the federal government, the State of Oklahoma, or a political subdivision to testify, as an individual, the time absent shall be taken as annual leave or leave without pay at the employee's discretion.

  • (4) A Federal Fair Labor Standards Act (FLSA) non-exempt employee who is called to appear in court on a normally scheduled work day in accordance with paragraph (2) of this Section is entitled to compensation for that time regardless of shift.  For example, an employee who works an eight-hour shift from 11 p.m. to 7 a.m. and reports to court that day will be entitled to workweek adjustment or compensatory time for his or her time in court.  Since jury duty is leave and not time worked, compensatory time is only computed hour for hour.  An employee who is called to appear in court on a normally scheduled day off is not entitled to compensation for that time.  The day in which the majority of the shift is scheduled determines the work day for the purpose of this policy.

  • (5) When an employee is to perform jury duty, it is the responsibility of his or her supervisor to discuss the provisions of this subsection and point out his or her obligation to return to duty if he or she is dismissed during usual work hours.

  • (6) Application for court or jury leave is made on Form 10AD001E, Request for Approval of Leave.  A copy of the subpoena, summons, or other such notice must be attached to Form 10AD001E.  Court or jury leave is charged in accordance with the employee's work schedule.

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