MOU language

Upon approval by the department head, an employee, other than extra-help or a seasonal worker, shall be permitted authorized absence from duty for appearance in Court because of jury service, in obedience to subpoena or by direction of proper authority, in accordance with the following provisions:

 

  1. Said absence from duty will be with full pay for each day the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. As a condition of receiving such full pay, the employee must remit to the County Treasurer, through the employee’s department head within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.
  2. Attendance in Court in connection with the employees usual official duties or in connection with a case in which the County of San Mateo is a party, together with travel time necessarily involved, shall not be considered absence from duty within the meaning of this section.
  3. Said absence from duty will be without pay when an employee appears in private litigation in which the County of San Mateo is not a party.
  4. Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the County Treasurer through the employee’s department head.

Practical applications:

 

 

 

  1. Employee should submit a jury summons to facilitate scheduling.
  2. Employee should provide verification from the Court as to their jury status once they have served.
  3. Employees code 055 on time card for all time as juror.
  4. Employees code 055 on time card for all time as a witness in a criminal case.
  5. Employees subpoenaed to serve as a witness in a civil or criminal case as part of their job: Social Worker, Dispatcher or Sheriff’s Deputy code 001.
  6. Employee is arrested for DUI, or any other offense. Employee must code 041 048 or 061 for time spent in Court and get approval for time off from supervisor.
  7. A nurse treats a patient while on duty in the emergency room and must testify to this as a witness in Court. Employee codes 001.
  8. Employee testifies in a neighbor’s personal injury case. Employee must secure approval for time off and must code 041, 048 or 061 for time spent in Court. However employee may request reimbursement of time from the litigant.
  9. Employees living in another County should plan to report to work even if they must be on-call to the Court.
  10. Most on-call periods start the night before or up to three hours before service is required.
  11. Employees choosing to remain at home, must use personal time until the time they must travel and report for service. (Section 2, above)
  12. Employees must report to work or take personal time when Court is not in session (excused for the day) and may not code 055 for those days/hours they are not in session.
  13. Employees must return to work or take personal time following their dismissal from Jury service
  14. Employees whose shift is covered while in Court must return to work when released by the Court. They may resume their shift, opt to take personal time, but cannot be required to take time off because their shift is covered.
  15. PM/Night shift employees are to be considered day shift employees for the purpose of jury service.
  16. PM/Night shift employees are not eligible for pm/night shift differential since they are technically working day shift while on jury duty.
  17. PM/Night shift employees who are released from jury service prior to the end of their shift should return to their regular pm/night shift and may be paid pm/night shift differential for the remaining hours of their shift.
  18. PM/Night shift employees who are released from jury service prior to the end of their shift may take personal time and will be paid pm/night shift differential for the remaining hours of their shift.
  19. Employees on alternate work schedules should change their schedule to 5/8-hour day for the pay period in which they are required for jury service.
  20. Employees not choosing to change their schedule must code personal time for all hours not in jury service.
  21. Jury service while on vacation is eligible for 055, not vacation.
  22. Employees usually receive $5 to $15/day plus mileage for jury service after the first day.
  23. Employees must remit the jury service portion of their check to the Department’s Fiscal Manager.
  24. Employees can write a personal check to the County of San Mateo.
2015-03-26