California employers of all sizes must provide protected leave to employees requiring time off to serve on juries or appear in court as a witness in compliance with a court order, subpoena, or other lawful means.

Exempt-from-overtime employees are entitled to receive their full weekly salary during such work absences if they perform any work in the same workweek.

Policy Drafting Tips:

• Authorize employees to take protected time off to serve on juries or appear in court as a witness;
• Require prompt notice of anticipated time off;
• Decide if the employee must submit a copy of the summons or subpoena;
• Specify if the employee is expected to return to work if released from court attendance earlier in the day;
• State whether and to what extent the company will voluntarily compensate its employees for such court attendances; and
• Confirm that exempt-from-overtime employees will be paid their full weekly salary in any week where they provide any work while also serving on a jury or as a witness.

Take-Aways:

Implement and regularly review your handbook to include all applicable jury and witness leave policies and educate and train your supervisors on these laws.

We publish this series to educate employers on best practices for a well-written handbook. To purchase our 2024 template handbook – which contains the above policy and much more – and accompanying forms or for additional information, please contact Office Manager Aimee Rosales at 626.583.6600 or officemgr@tbowleslaw.com.

See also:

• Team Building Insurance – Workplace Policy and Handbook & Forms for 2024 (May 22, 2024)
• Military Leave Policy Job Security for Up To Five Years (April 26, 2024)
• Reproductive Loss Leave (November 2, 2023)

Cindy Bamforth
May 24, 2024