July 22, 2005
Judicial Proceedings Leave (Unpaid)
All employees are eligible.
Leave for Victims of a Serious Crime
An employee who is a victim of a violent or serious felony, or a felony involving theft or embezzlement, or whose close relation is a victim of such a crime may take leave to attend judicial proceedings related to that crime. An employee who is an immediate family member of a victim, a registered domestic partner of a victim, or the child of a registered domestic partner of a victim is eligible for this leave. Immediate family member is defined as a spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather.
An employee must notify his or her dean or supervisor as soon as he or she knows the dates of a judicial proceeding that would cause him or her to be absent from work. The absence should be documented by the employee providing a copy of the notice that is provided to the victim by the responsible agency of each scheduled proceeding. Employees may take the leave as unpaid leave or may use accrued vacation leave, sick leave or, for non-exempt staff employees, previously earned compensatory time off. Upon return, the employee also may be required to provide documentation verifying that he or she did attend the judicial proceeding.
When advance notice of the absence is not feasible, the dean or supervisor shall not take any action against the employee if the employee, within a reasonable time after the absence, provides documentation for the absence due to a judicial proceeding from any of the following entities: the court or government agency setting the hearing; the district attorney or prosecuting attorney’s office; or the victim/witness office that is advocating on behalf of the victim.
It is unlawful to retaliate or discriminate in any way against an employee for exercising his or her rights under this policy. California state law also requires, to the extent allowed by law, that confidentiality be maintained regarding such leave.
Leave for Non-Faculty Employees when the University is a Party to Legal Action
In those cases where the university is a party to legal action (e.g., subpoenas, case-related hearings such as arbitrations, depositions and administrative hearings), a non-faculty employee will receive his or her regular pay for the time he or she is required by the university to be absent from work.
Supervisors are encouraged to contact the responsible offices (below) for assistance in determining appropriate documentation for judicial proceedings leave, for questions regarding leave for other legal proceedings, and for questions regarding the Jury Duty Leave policy. Limitations on the the number of hours of outside consulting apply to faculty serving as expert witnesses in legal proceedings. Refer to the Faculty Handbook.
Human Resources Administration
Vice Provost for Academic and Faculty Affairs
Todd R. Dickey, Senior Vice President, Administration
University of Southern California