Leave for Jury and Witness Duty Policy - Hamilton, Ontario

[Pages:3]Corporate Human Resources Policy Absence From Work

Policy No: HR-64-16 Page 1 of 3

Supersedes Policy: Jury/Witness Duty Policy

Approval: 2016-02-09

Leave for Jury and Witness Duty Policy

POLICY STATEMENT

The City of Hamilton recognizes that employees may be called to serve as a jurors or witnesses in a civil or criminal case. The City will support employees called to their civic duty by providing paid leave with no reduction in benefits for the duration of the time that the employee is required to attend trial.

PURPOSE

The purpose of this policy is to outline the conditions for granting leave for jury or witness duty and to provide information on the continuance of salary and benefits during such leaves.

SCOPE

This policy applies to all City of Hamilton employees, including but not limited to regular, temporary and contract employees, volunteers, students and interns (collectively called "Employees").

Employees away from the workplace on unpaid leaves are not covered under this policy.

DEFINITIONS

Jury Duty

Where an individual is required to serve on a jury of their peers who are sworn to give a verdict in a legal case on the basis of evidence submitted to them in court

Witness Duty

Where an employee is subpoenaed to attend court or a proceeding as a witness by any court, agency, committee or body of persons who are authorized by law to compel the attendance of witnesses in a legal proceeding

TERMS & CONDITIONS

1. Documentation

1.1 An employee who is required to appear in court for jury duty or as a witness in a criminal or civil trial must present the summons or subpoena to their supervisor before attending court.

1.2 At the conclusion of the trial, the employee must provide their supervisor with the certificate/documentation provided by the court that outlines the period of jury/witness service.

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Corporate Human Resources Policy

Absence From Work

Supersedes Policy: Jury/Witness Duty

Policy

Policy No: HR-64-16

Page 2 of 3

Approval: 2016-02-09

2. Leave Details

2.1 An employee serving as a juror or a court witness will be

granted leave for the period of time that they are required to be in

court and will be paid their regular salary for their regularly

scheduled hours of work.

2.2 Employees who are employed on a part-time basis or those who have a flexible work arrangement will be compensated based on their regularly scheduled hours of work

2.3 The leave with pay does not cover absences for other court appearances as the plaintiff or the accused.

2.4 Employees must remit any payment for jury or court witness duties, minus expenses incurred, to the City.

2.5 An employee's service and seniority will not be affected by the leave.

2.6 An employee's vacation entitlement, and pension contribution will not be impacted by a leave for Jury or Witness Duty.

2.7 Employee benefits will continue for the duration of the leave.

RESPONSIBILITIES

Employee

o Provide supervisor with documentation prior to attending court, and following conclusion of role in the trial or proceeding

o Remit any payment from the court, minus expenses, to supervisor

o Consult with supervisor or Human Resources as needed

Supervisor

o Approve leave of absence for Jury or Witness Duty o Consult with Human Resources as needed

COMPLIANCE

Failure to comply with this Policy may result in disciplinary action up to and including termination.

2

Corporate Human Resources Policy

Absence From Work

Supersedes Policy: Jury/Witness Duty

Policy

Policy No: HR-64-16

Page 3 of 3

Approval: 2016-02-09

RELATED

The following related documents are referenced in this policy:

DOCUMENTS

1. Ontario Juries Act, R.S.O. 1990

2. Rules of Civil Procedure, R.R.O. 1990, Reg 194

HISTORY

The Corporate Policy Review Group was consulted in the revisions made to this Policy.

This policy was approved by the Executive Director of Human Resources and Organizational Development in consultation with Human Resources Leadership Team on xxxx-xx-xx

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