(Approved by USM BOR on April 21, 2017; UMGC President on July 1, 2017)
Purpose and Applicability
This policy establishes a time off category called Subpoenaed Witness for all University of Maryland Global Campus (UMGC) Nonexempt, Exempt and Overseas Staff employees on Regular Status to permit an employee, under certain circumstances, to be absent from job duty without loss of any pay or without charge to the employee’s accrued time off in connection with the requirement to appear in a legal matter as a witness, unless the employee is being paid as an expert witness. Nonexempt Staff employees who are included in the representation of the collective bargaining unit are subject to the Memorandum of Understanding (MOU) and applicable UMGC HR Policies; where there is a conflict between the two, the MOU will prevail.
An employee who is summoned to appear in a court action, before a grand jury, before an administrative agency, or for a deposition, and is neither a party to the action nor a paid expert witness, may be absent from the job without loss of pay or charge to any time off.
If an employee is a paid expert witness in such an action, the absence may be charged to appropriate time off, or the employee may be granted a Leave Of Absence Without Pay if the employee does not have sufficient time off to cover such an absence, unless retained as an expert witness on behalf of UMGC.
In either case, upon request the employee shall provide documentation to verify attendance.
The CHRO or designee shall notify the UMGC Payroll Office upon approval of Leave of Absence Without Pay for the employee.
The UMGC President has designated the Chief Human Resources Officer (CHRO) to administer this policy; to develop procedures as necessary to implement this policy; to communicate this policy to the UMGC community; and to post the policy and any applicable procedures on the UMGC website.
USM BOR VII-7.22: Policy on Leave for Legal Actions for Nonexempt and Exempt Staff Employees
UMGC OS 19.00: Policy on Leave for Legal Actions