Witness Duty for Public Employees - State of California

[jlobos]

One of our labor unions is claiming that we are to pay our employees for witness duty leave when subpoenaed by the court as a non-party witness to a crime or a party of domestic violence. We currently allow the time off, but do not pay. They are claiming there is a difference between public employees as opposed to private. Have I missed a regulation somewhere that entitles our employees to this benefit?

Thank you.

[jk]

offhand I don't know but if they are making the claim, let them provide support for their position.

[jlobos]

They choose to take everything to arbitration and I'm hoping to avoid wasting everyone's time.

If anyone else has any information, I would appreciate you sharing.

[cbg]

I have never heard of any such law.

Tell them that as soon as they provide you with a link to the statute or the name of the case law that you can independently verify, you will be glad to begin complying.

[jlobos]

I appreciate the responses.

Thank you.

[Mr. Knowitall]

I suspect they're talking about these statutes:

1230. The governing body of a city, county, city and county, or political subdivision of the State may grant leaves of absence to employees to appear as a witness in court other than as a litigant,to serve on a jury, or to respond to an official order from another governmental jurisdiction for reasons not brought about through the connivance or misconduct of the employee. The governing body may grant such leaves of absence with pay up to the amount of the difference between the employee's regular earnings and any amount he receives for jury or witness fees.

1230.1. Whenever any person who is an employee subject to the provisions of Section 1230, or an employee of the state, is served with a subpoena which compels his presence as a witness, unless he is a party or an expert witness, such employee shall be granted a leave of absence with pay in the amount of the difference between the employee's regular earnings and any amount he receives for such appearance.

This section shall not be applicable to appearances for which the employee receives compensation in excess of his regular earnings.

[cbg]

Leave it to California.

Thanks, Mr. K.