Time Off for Voting, Jury Duty, and Witness Testimony

Scope

This policy applies to staff employees.

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Policy Statement

IU recognizes its employees’ value in participating in the civic responsibilities of voting, jury duty, and serving as a subpoenaed witness. The university permits time off for these duties under specified conditions.

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Procedures

1. Voting
   1. In Indiana, the polls in each precinct open at 6:00 a.m. and close at 6:00 p.m. local time on Election Day.
   2. Units are encouraged to allow staff employees to utilize flexible work schedules to vote.
   3. Employees whose work schedules prevent them from voting between 6:00 a.m. and 6:00 p.m. may be allowed time off with pay to vote, up to a maximum of two hours.
      1. This time off does not have to be made up and will not be charged to the employee's accrued or compensatory time.
         Example: A work schedule of 8:00 a.m. to 5:00 p.m. allows two hours to vote in the morning (6:00 a.m. to 8:00 a.m.). Thus, an employee would not receive any time off with pay to vote. A work schedule of 7:30 a.m. to 4:30 p.m. allows 1.5 hours to vote before or after work. An employee who works this type of schedule may receive one-half hour of time off with pay to vote if needed.
2. Jury Duty
   1. A staff employee called for jury duty can be absent with pay for the service period as a juror. Employees are expected to utilize any courthouse call-in or online service for jurors to be notified, in advance, of whether their presence is needed for jury selection.
      1. Day-shift employees will be released from work for the day of service; night-shift employees will be released from work on the scheduled shift before or after the day of service.
      2. Non-exempt staff employees must report the number of hours they are absent and indicate on the payroll voucher that the absence was for jury duty (JDT).
      3. Jury duty hours are included in the calculation of the overtime (FLSA) rate.
      4. Exempt staff employees enter jury duty (JDT) in ePTO in half or full-day increments, not hourly.
   2. Employees must notify their supervisor as soon as possible of potential or actual jury duty and may be asked to provide relevant daily attendance documentation upon completion.
   3. Employees may retain any jury fees and reimbursements.
3. Witness Testimony
   1. A staff employee subpoenaed as a witness for a court proceeding (including a deposition) can be absent with pay when serving as a witness. Subpoenaed employees should contact the attorney named on the subpoena to determine the actual time for their appearance to testify.
      1. Day-shift employees will be released from work for the day they are needed to testify pursuant to the subpoena; night-shift employees will be released from work on the scheduled shift before or after the day they are required to testify.
      2. Non-exempt staff employees must report the number of hours they are absent and indicate on the payroll voucher that the absence was pursuant to a witness subpoena.
      3. Exempt staff employees enter court duty (CTD) in ePTO in half or full-day increments, not hourly.
      4. Travel time may be included in the absence with pay, depending on the circumstances.
   2. Employees must notify their supervisor as soon as possible upon receipt of a subpoena for testimony and may be asked to provide relevant documentation.
   3. In cases where the university is a party to a lawsuit, University Counsel does not typically issue subpoenas to employees who are needed to testify but instead asks that they agree to appear. If the university asks the employee to appear, or if the opposing party issues the employee a subpoena, the employee can be absent with pay. The employee should provide the supervisor a statement from University Counsel showing the request to appear and testify.
   4. Employees may retain any witness fees and reimbursements.
   5. In cases in which the university is not a party, staff employees who are a named party to a case, who are serving as an expert witness, or who have agreed to be a witness in the absence of a subpoena, the employee must use other forms of time off or be absent without pay.

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Sanctions

Managers, supervisors, and employees who violate this policy are subject to disciplinary action, up to and including termination.

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History

July 2024 
Updates based on AFSCME union discussions to match changes in HR-06-30, Overtime.

January 2022
Updated based on PTO policy change.

April 2021
IU HR completed a full and substantive review to assess the ongoing need and effectiveness.

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