Witness Duty Leave

An employee summoned to appear as a witness in any administrative or judicial proceeding should provide a copy of the subpoena or order to their supervisor upon receipt.  Employees are required to report back to work as soon as possible after they are released from witness duty, unless there are less than two hours remaining in their scheduled workday, in which case they should report to work on their next scheduled workday.

  1. Proceedings Involving Advantus Corp

Required attendance at administrative or legal proceedings involving the Company, including service as a paid expert witness on behalf of the Company, is considered time worked.

2. Proceedings Not Involving Advantus Corp

An exempt employee will be granted administrative leave with pay if subpoenaed to be a witness in an administrative or legal proceeding not involving the Company.  Pay during witness duty will not exceed the pay for the employee’s normal workday and the employee’s normal workweek.

A non-exempt career employee will be granted administrative leave with pay for actual time spent on witness duty and in related travel if subpoenaed to be a witness in an administrative or legal proceeding not involving the Company.  Absence from Work during witness duty will not exceed the pay for the employee’s normal workday and the employee’s normal workweek.

3. Exceptions

An employee will not receive paid witness leave to attend a trial in which the employee:

  • Is a plaintiff
  • Is a defendant (unless the proceeding involves the Company).
  • Voluntarily appears as a witness.
  • Is testifying for a fee as an expert witness in a proceeding that does not involve the Company. In the above circumstances, an employee must use accrued PTO or take leave without pay.
Updated on November 24, 2023

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