POLICY 06:07:05

CIVIL LEAVE

This policy is consistent with Tennessee Board of Regents Policy No. 5:01:01:05

Purpose

The purpose of this policy is to establish the criteria and process regarding civil leave for employees at Pellissippi State Community College.

Policy

1. Civil Leave
   1. Any employee, except for a temporary employee with a contract of less than six
      (6) months, shall be granted civil leave when, in obedience to a subpoena or
      direction by proper authority, the employee appears as witness for the Federal
      government, the State of Tennessee, or a political subdivision of the State, or
      when it is necessary to attend any court in connection with official duties or serve
      on a jury in any State or Federal Court.
   2. In accordance with T.C.A. § 22-4-108, the employee shall be excused from
      returning to employment for any scheduled work day that such employee’s
      responsibility for jury duty exceeds three (3) hours during the day for which an
      excuse is sought. Travel time is not to be included in determining whether or not
      an employee’s actual jury duty service has exceeded three (3) hours.
   3. Upon a juror’s request, which must be made prior to each day’s service, the
      person responsible for issuing fee and or compensation statements shall provide
      the College a statement that shows the number of hours that the juror spent
      serving if service has been less than three (3) hours. Employees serving less than
      three hours on a scheduled work day shall return to work for the remainder of
      their work day.
   4. If an employee summoned for jury duty is working a night shift or is working
      during hours preceding those in which court is normally held, such employee
      shall also be excused from their employment as provided by this section for the
      shift immediately preceding their first day of service on any lawsuit. After the
      first day of service, when such person’s responsibility for jury duty exceeds three
      (3) hours during a day then such person shall be excused from their next
      scheduled work period occurring within twenty-four (24) hours of such day of
      jury service. Any question concerning the application of the provisions of this
      paragraph to a particular work shift or shifts shall be conclusively resolved by the
      trial judge of the court to which the employee has been summoned.
   5. The employee shall retain all compensation or fees received as a witness or juror.
      The employee may be required to provide a statement from the court which
      includes dates and times of service and any compensation received.
   6. The employee shall also receive their regular compensation as follows: Payment
      for time served on civil leave and time spent traveling to and from court shall be
      made at the employee’s regular rate of pay, except that such compensation shall
      not exceed the total of the employee’s regularly scheduled daily pay. Travel
      expenses (mileage) and parking fees will not be paid by the College or the System
      Office.
   7. Employees involved in personal litigation, or who serve as witnesses in private
      litigation, shall be charged with annual leave or leave without pay.

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Adopted by TBR August 15, 1975
Revised by TBR June 25, 1976
Revised by TBR December 2, 1977
Revised by TBR June 30, 1978
Revised by TBR June 29, 1979
Revised by TBR June 26, 1981
Revised by TBR September 18, 1981
Revised by TBR September 24, 1982
Revised by TBR June 24, 1983
Revised by TBR September 30, 1983
Revised by TBR June 28, 1985
Revised by TBR June 2, 1987
Revised by TBR September 16, 1988
Revised by TBR March 19, 1993
Revised by TBR December 5, 1997 (See Note below.)
Revised by TBR September 17, 1999 (Approved by Finance and Administration August 8, 2000);
Revised by TBR September 23, 2004 (Approved by Finance and Administration November 17, 2004)
Reviewed/Recommended: President’s Council, November 27, 2023
Approved: President L. Anthony Wise, Jr., November 27, 2023

Note: The provisions of this policy adopted at the August 15, 1975 meeting, became effective on
January 1, 1976, and changes in eligibility to earn leave or in the amount of leave earned for
period of service were prospective only.

The change permitting employees to receive their regular pay and retain all compensation
received from the court was approved at the December 5, 1997 meeting and became effective
January 10, 1998. This change was prospective only.