Absence With Pay (Part 21)

Section 21.9 - Leave for Subpoenaed Appearance and Jury Attendance

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Negotiating Units:

• Administrative Services Unit Article 32.6
• Institutional Services Unit Article 32.6
• Operational Services Unit Article 32.6
• Security Services Unit Article 14.8
• Security Supervisors Unit Article 14.8

Effect:

The articles in the Administrative, Institutional and Operational Services Units provide that, when shift employees who do not work days are granted leave for jury duty, they are entitled to have their shift changed if they so request, wherever practicable, to the normal day shift for the duration of jury duty.

The articles further provide that such shift change shall not occur more frequently than once every two years. (Section 511 of the Judiciary Law disqualifies persons who have served on a grand or petit jury within the State, including in a federal court, within two years of the next proposed term of jury service. However, such persons may lawfully serve on more than one petit or grand jury during the term of service for which they have been called.)

In cases where the shift of an employee called for jury duty cannot be changed consistent with the provisions of Article 32.6 of these Agreements, the agency shall provide the employee with a letter explaining why the shift change cannot be accommodated. This letter may be used by the employee should be or she desire to seek to be excused from jury duty.
Employees who do not request to have their shifts changed pursuant to this article continue to be eligible for leave in connection with jury service, pursuant to the provisions of the Attendance Rules.

The Security Services and Security Supervisors Units contract articles do not provide any leave privileges not already provided by the Attendance Rules. However, they do extend such privileges to employees in the Security Services and Security Supervisors Units who may not be subject to the Attendance Rules. They also make appointing authority determinations concerning employee requests for jury leave or leave for court ordered appearances, for employees in these two Units, subject to contract grievance procedures.

Revision History	TM-1 - 1/3/87
C-1	New or Revised Material

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