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Original Author: Jones, Bonnie
Date of Material: 07/03/2012


Charging Time for Employee Court Appearance

Reviewed Date: 04/23/2021
MTAS was asked how to pay a new employee for a personal court appearance when the employee has not yet earned vacation time.

July 3, 2012

Hi Bonnie,

I have something I need to run by you.  I have an employee who has not been here a year yet to earn vacation time, however has earned sick time.  He has been asked to be a witness in court by a former employer and has raised the question will I get paid by the utility board? If not how do I get paid for that day?

Keep in mind that our General Manager only prefers that you take your sick time for purposes of being sick only.  I am thinking that this employee can either take the time off without pay and it be an excused absence provided that he bring something from the attorney’s office saying he was present at court, but that the utility board will not pay him and we would only pay him if it were jury duty in this case.  I also go back in forth with him being able to use his sick time…. 

What are your thoughts on this?

Human Resources/ Risk Management

July 3, 2012

Dear Human Resources/ Risk Management,

Typically personal court appearances not required by your organization should be considered personal time (vacation time).   I would arrange for him to make up the hours (if an option) OR go unpaid.   I don’t think your sick leave policy would typically cover a personal court appearance.  

Bonnie Jones

Bonnie C. Jones, M.A.Ed . | Human Resources Consultant | TheUniversity of Tennessee- Institute for Public Service | p: 865.974.0083 | f: 865.974.0423 ||

file Employee Court Appearance.pdf