17.0 CIVIL - ADMINISTRATIVE LEAVE (ADM)
17.1 Purpose
17.2 Guidelines17.2.1 Civil - Administrative Leave Provides Paid Leave17.3 Resources
17.2.2 Request for Civil - Administrative Leave
17.2.3 Court Appearances
17.2.4 Verification of Court Appearances
17.2.5 Compensation for Court Appearances
17.2.6 Retention of Reimbursement for Services
17.2.7 Retention of Reimbursement for Expenses
17.2.8 Do Not Charge Civil - Administrative Leave
17.2.9 Interviewing for Other State Employment
17.2.10 Resolution of Work-Related Conflicts
17.2.11 Meeting with the Employee Assistance Program (EAP)
17.0 CIVIL - ADMINISTRATIVE LEAVE (ADM)
17.1 Purpose
To provide special (non-accrued) leave for specifically defined use as discussed in the policy statement.
17.2 Guidelines
These guidelines apply to full-time and part-time faculty, and to classified and university staff.
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17.2.1 Civil - Administrative Leave Provides Paid Leave to
- As required by a summons to jury duty
- To appear as a crime victim or as a witness in a court proceeding or deposition as completed by a subpoena or summons
- To accompany the employee's minor child when the child is legally required to appear in court
- To serve as an officer of election
- To serve as a member of a state council or board
- To attend his or her own naturalization ceremony
Civil - Administrative Leave is not granted for use by an employee:- Who is a defendant in a criminal matter, where criminal matter means either an alleged misdemeanor or felony
- Who has received a summons to appear in traffic court (except as a witness), or
- Who is a party to a civil case, either as plaintiff or defendant, or who has any personal or familial interest in the proceedings
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17.2.2 Request for Civil - Administrative Leave
should be made to the supervisor as far in advance of the leave as possible.
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17.2.3 Court Appearances
- Employees may charge to civil - administrative leave only the time away from work that is necessary to appear at a court proceeding, to give a deposition, to serve as a juror, or to accompany a minor child to court when the child is legally required to be present in court. Except when accompanying a minor child, the employee's appearance at any of these events must be compelled by subpoena or summons.
- Reasonable travel time is included in the actual time away from work that may be charged to civil - administrative leave.
- Employees who regularly work an evening or night shift should be rescheduled, whenever possible, to work the day shift during periods when they are required to appear in court proceedings.
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17.2.4 Verification of Court Appearances
- Documentation of the actual time necessary for court duties is required.
- Employees are responsible for obtaining verification of their appearances at court proceedings from the appropriate court personnel and this must be filed with the departmental leave records, according to the university's established records retention schedule.
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17.2.5 Compensation for Court Appearances
Compensation paid by a court to an individual under subpoena or summons may consist of:
- Compensation for appearance as a juror, or witness (services); and
- Reimbursement of daily expenses, such as out-of-pocket expenses for meals, mileage, parking, and other related expenses.
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17.2.6 Retention of Reimbursement for Services
- When an employee decides to keep the reimbursement for services, the absence must be charged to annual, compensatory, or overtime leave, or if no leave balances are available, to leave without pay.
- Employees assigned to the evening or night shift, who cannot be rescheduled to the day shift, may retain reimbursement for services in addition to pay for their scheduled shift if the entire shift is worked. If court is held during a portion of the shift, annual, compensatory, overtime leave, or leave without pay, must be charged, in order to retain the reimbursement for services.
- For an employee to charge civil - administrative Leave rather than accrued leave, they must relinquish payment for services by submitting (by personal check made payable to Treasurer of Virginia Tech) such payment to their department who will forward it along with a deposit receipt to the Bursar's office.
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17.2.7 Retention of Reimbursement for Expenses
- Employees keep reimbursement for expenses.
- If serving as Virginia circuit court juror, employees may retain fees given by the court as these fees are all considered as reimbursement of expenses.
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17.2.8 Do Not Charge civil - administrative Leave
when job duties require court attendance, such as:
- law enforcement officers
- under subpoena to appear as an expert witness because of their position with the Commonwealth; and
- employees called by the Commonwealth as expert witnesses.
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17.2.9 Interviewing for Other State Employment
Civil - administrative leave may be granted for the actual time, including reasonable travel time, necessary for interviewing for other state positions. Departments may require verification of the time required. Departments may set reasonable limits on the amount of civil - administrative leave that may be approved for traveling to and interviewing for other state positions. Departments may also limit the use of civil - administrative leave if they determine it is being used excessively for this reason.
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17.2.10 Resolution of Work-Related Conflicts
Classified and University staff who are grievants, witnesses, panel members, or representatives of grievants, in a grievance initiated under the State's Grievance Procedure, will be granted reasonable amounts of civil - administrative leave, including allowances for travel time, to participate in grievance proceedings.
- Civil - administrative leave will be granted for grievants and witnesses to attend management step meetings, to attend panel hearings, and to attend court hearings related to the grievance.
- Civil - administrative leave will be granted for panel members to attend panel hearings.
- Employees who are regularly scheduled to work the evening or night shift should be rescheduled, whenever possible, to work the day shift when requested to appear as a witness at a management step meeting, panel hearing, or court hearing.
- Department of Employee Relations Counselors (DERC) meetings
- Civil - administrative leave, including reasonable travel time, will be granted for employees to meet with DERC, in accordance with the Grievance Procedure for State Employees.
- Civil - administrative leave related to interview with DERC will be granted even if a grievance has not been filed. Employees outside the Richmond area should be granted the same benefit with reasonable travel time charged to civil - administrative leave.
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17.2.11 Meeting with the Employee Assistance Program (EAP)
Civil - administrative leave will be granted for employees' first meetings with the Employee Assistance Program (EAP). Absence from work for treatment or assistance to which an employee has been referred by the EAP will not be charged to civil - administrative leave but will be charged to an employee's accrued leave, as appropriate, or to leave without pay if the employee does not have adequate accrued leave.
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17.3 Resources