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WITNESS (CIVIL LEAVE)

Civil leave (paid leave not taken from an employee's leave balances) is granted for serving as a witness based on the below criteria:

CRITERIA TYPE OF LEAVE
Employee is NOT a party to the action and NOT testifying as a function of the employee's State position.  Civil Leave
Employee is testifying as a function of his or her State position.  Release Time
Employee is a party of the action, listed on subpoena or part of "et al" (not including Employee-Management Committee or appeals hearings).  Other (e.g., annual leave)

Click on below headings for more information on this topic

APPROVING/REJECTING LEAVE

Technical (step-by-step) guide: See the NEATS Timekeeping procedure (01.30.10) and NEATS tutorials.

When determining whether to APPROVE or REJECT a leave request or a leave entry on a timesheet, consider the following factors:

  • Is the reason stated for the leave an authorized use of that type of leave (in statute, regulation or policy)? Examine the employee's subpoena (or copy of) to determine which type of leave is indicated.
  • Do the notes (yellow sticky note image link on the timesheet) agree with the hours requested and information entered in the Additional Description: field?
  • Will you be violating any regulations or policies by approving or rejecting the leave?

See your agency's policies, procedures or regulations for any agency specific processes (e.g., required hard copy form).  See the NEATS Handbook for applicable payroll code(s).

WITNESS FEE

A witness fee may be kept, if:

  • The employee is NOT a party to the action; and
  • NOT testifying as a function of the employee's State position.

A witness fee must be relinquished to the agency, if:

  • The employee is testifying as a function of his or her State position.

TRAVEL EXPENSES

Travel expenses and subsistence allowances may be kept by the employee if the State has not provided payment for the same purpose.

WORK WEEK OTHER THAN 8-5, MONDAY-FRIDAY

If an employee with a work schedule other than 8:00 a.m. to 5:00 p.m., Monday through Friday requests civil leave due to being a witness, it is recommended that you contact your agency's human resources prior to the week the employee will be using this type of civil leave.

ADDITIONAL RESOURCES

  • Nevada Revised Statutes
  • Rules for State Personnel Administration (Nevada Administrative Code 284)
  • Your agency's human resources staff
  • The Division of Human Resource Management, Consultation & Accountability staff
  • ASSOCIATED TOPICS