Jury and Witness Leave

  • Jury duty leave is an approved absence from work with pay (minus any jury duty fee received) for the purpose of serving on jury duty.
  • An employee may use accrued annual leave to perform jury duty and may then keep any jury duty fee paid.
  • Witness leave is an approved absence with pay to appear as a witness or expert witness on behalf of the employer. An employee may not retain any witness fee while on approved paid witness leave.
  • An employee who performs witness duties unrelated to the employee's official capacity must do so in an annual leave or leave without pay status.
  • Law enforcement personnel performing duties as a witness in an official capacity in a criminal case are performing normal duties and may not retain any witness fee.
  • An employee serving as a witness or expert witness, even if the employee is on annual leave or leave without pay, may be reimbursed for mileage, meals, and lodging from only one source.

Recommendations

  • State employees who receive a fee for serving on a jury and who do not use annual leave, should keep the check and notify the agency’s payroll clerk. The appropriate amount will then be deducted from the employee’s regular pay.

References

NDCC 54-44.3-12(1d)
NDAC 4-07-16