ARTICLE 4. BENEFIT AND
LEAVE PROGRAMS
EFFECTIVE DATE: 05/04/98
RULE 406. CIVIC DUTY LEAVE
(INCLUDES
REVISED DATE: 11/26/01
MILITARY LEAVE)
A. ADMINISTRATION:
1. Eligibility for Leave: Judicial employees, except temporary, emergency and
intermittent employees,
are eligible to accrue any type of leave with pay from the date of
appointment and may request leave
after six (6) months of continuous employment.
Temporary, emergency and intermittent employees are
eligible only for leave for
voting. Leave eligibility for contractual employees shall be as defined by
contractual
terms.
2. Requests for Leave: Except in an emergency, an employee must obtain approval in
advance and in
writing prior to taking any leave from the Division Head.
B. DEFINITIONS:
1. "Civic Duty Leave" means approved periods of absence with pay and related benefits from regularlya. Serving as a juror;
b. Responding to a subpoena to appear as a witness as hereinafter provided;c. Serving as a member of a public service board, commission or similarly constituted body;
d. Serving in the Arizona National Guard or Military Reserve as hereinafter provided;
e. Voting; or
f. Participating as a volunteer in humanitarian/emergency relief activities.
2. "Consecutive Calendar Years" means a twenty-four (24) month consecutive period
of time including
the current and previous calendar years.
C. LEAVE FOR JURY DUTY:
1. An employee summoned for duty as juror shall appear as required for such duty, and shall receive 2. Employees must provide a copy of the jury duty summons to their supervisor within
two (2) working
days of receipt so the supervisor can make arrangements to accommodate the employee's absence.
The Division Head or employee may request an
excuse or postponement from jury duty if the Superior
Court believes the employee's
absence would cause serious disruption of the division's work activities.
3. The employee on jury duty during regularly scheduled work hours shall remit the fees
paid for such jury
duty (except reimbursement for miles traveled, food or lodging)
to the Mohave County Finance
Department through the Court Administrator's Office.
When the employee's presence as a juror is not
officially required during regular
working hours, the employee shall return to work until again called.
However, an
employee shall not be required to return to work, if, because of the remoteness of the
location of such work, the employee cannot respond to a call to return to jury duty
with timeliness or
the employee cannot arrive at work at least one (1) hour before the
end of a regularly assigned work shift.
5. An employee on jury duty during regularly scheduled time off or on PTO leave or
leave without pay may
keep any monies paid by the Courts.
D. LEAVE FOR AN EMPLOYEE SUBPOENAED TO APPEAR AS WITNESS:
1. An employee who has been subpoenaed to appear as a witness before any court or
administrative,
executive or legislative tribunal when it relates to Court business shall
be entitled to civic duty leave with
pay. The Division Head may authorize civic duty
leave for an employee subpoenaed when such absence
is for purposes which comply
with this Rule.
2. Employees must provide a copy of the subpoena to their supervisor within two (2)
working days of
receipt so the supervisor can make arrangements to accommodate
the employee's absence. An
employee provided leave under this section is expected
to report to work whenever the Court schedule
permits.
3. An employee who has been subpoenaed to appear as a witness before any court on
administrative,
executive or legislative tribunal due to a personal, commercial,
business transaction or due to the
employee's own actual or alleged unlawful conduct
or misconduct shall not be entitled to civic duty leave
with pay and all such leave will
be counted against the employee's PTO accrual balance.
4. An employee who is paid a fee for an appearance as an expert witness while on civic
duty leave shall
remit such fee to Mohave County through the Court Administrator's
Office or take PTO leave.
E. LEAVE FOR SERVICE ON A PUBLIC SERVICE BOARD OR COMMISSION: A
Division Head
may authorize civic duty leave to an employee to attend meetings of a public
service board or commission,
provided the employee is an elected or appointed member of
such a board or commission.
F. TIME OFF FOR VOTING:
1. Every Judicial service employee is encouraged to exercise the right to vote at all public elections.
2. In accordance with Arizona Revised Statutes (ARS), any employee eligible and
registered to vote
in any public election held within this state, may be absent on the
day of the election, either one (1) hour
after the start of the employees work shift or
one (1) hour before the end of the employees work shift.
3. Application for time off for voting shall be made prior to the day of election, and the
Division Head may
specify the hours during which the employee may be absent. An
employee shall not be liable for any
penalty nor shall any deduction be made from
any salary or wages because of such absence. An
employee may be required to
provide evidence of eligibility to vote prior to an approval for time off.
G. LEAVE FOR SHORT-TERM MILITARY SERVICE:
1. An employee who is a member of the National Guard or military reserve and who is
ordered to field
training pursuant to Arizona Revised Statutes (ARS) shall be granted
civic duty leave up to two hundred
forty (240) hours in any two (2) consecutive
calendar years. An employee ordered to military duty shall
supply:
a. The Division Head with notification in writing in advance of the absence; and
b. The request is accompanied by a copy of the employee's military orders.
2. An employee shall be granted military leave without pay or may take accrued PTO
or compensatory
leave, for required attendance at activities of the National Guard or
military reserve exceeding the two
hundred forty (240) hours with pay in any two (2)
consecutive calendar years.
3. In either paid or unpaid short-term military leave status, such employee shall receive
other employee
benefits to which they are regularly entitled while on such leave,
provided the division is notified by
such employee in advance as prescribed in Rule
406(G)(1) above.
H. LEAVE FOR LONG-TERM MILITARY SERVICE:
1. A regular employee inducted, ordered or enlisted into active service of the Armed Forces of the Uniteda. Provided notice of intent to enter military service as the reason for separation from County service;
b. Requests such restoration in writing within ninety (90) calendar days of
separation from the armed
forces;
c. Possesses a certificate of satisfactory completion of service. (Honorable
Discharge, General
Discharge or Discharge under Honorable Conditions);
d. Is still qualified to perform the duties of the position.
2. An employee's restoration rights expire after four (4) years of continuous service in
the Armed Forces
unless service extension beyond four (4) years is at the request and
convenience of the Federal
Government (Military Selective Services Act, as
amended).
I. LEAVE FOR HUMANITARIAN / EMERGENCY RELIEF ACTIVITIES:
1. Employees who volunteer to participate in local, state, or national disasters,
emergencies or humanitarian
efforts during regular work hours may request use of
their Paid Time Off (PTO) accruals pursuant to
Judicial Merit Rule 402 and/or
Extended Illness Bank (EIB) credits pursuant to Judicial Merit Rule 403.
Additionally, employees may seek an unpaid leave of absence pursuant to the
provisions of Judicial Merit
Rule 408. If the leave of absence is approved, an
employee may seek income replacement through the
use of donated leave in
accordance with the provisions of Judicial Merit Rule 413.