POLICY

The following policy provides direction and circumstances in which employees may be granted civic duty leave, not to supersede express provisions contained within the collective bargaining agreements.

COMMISSIONS AND CHARITIES

An appointed authority may grant civic duty leave with full pay to any employee who:

1. Is appointed to serve in an unpaid position or on an advisory board or a commission, or;
2. Is soliciting for charities for which payroll deductions are made. (OAC 123:1-34-03).

JURY DUTY AND WITNESS ATTENDANCE VIA SUBPOENA

ODNR shall grant civic duty leave with full pay to an employee who:

1. Is summoned for jury duty by a court of competent jurisdiction.
2. Is subpoenaed to appear before a court, commission, board or legally constituted body authorized by law to compel the attendance of witnesses, where the employee is not a party to the action.

Compensation received in excess of fifteen dollars per day, for jury duty or court attendance, as defined above, shall be remitted by the state employee to the payroll office for transmittal to the Treasurer of the State, if such court attendance takes place during the employee’s normal working hours. (OAC 123:1-34-03).

Use of state vehicle or mileage reimbursement is not permitted for jury duty. It will be allowed only for court appearances in which the employee is testifying on behalf of ODNR in any court proceeding or hearing in which ODNR or any ODNR office/division is named. Prior approval of the employee’s supervisor is required in order to receive any compensation as defined above.

When not impaneled for actual service and only on call, the employee shall report to work as soon as possible after notification that his/her services will not be needed. In cases where employees would report to do less than four hours work, the employee need not report. Bargaining Unit employees shall follow the applicable labor contract.

ODNR EMPLOYEE COMMENCING LEGAL ACTION

ACTIONS IN WHICH ODNR IS NOT A PARTY:

1. Upon reasonable notice, any employee who is filing a complaint and/or appearing before a court or other legally constituted body in a matter in which he/she is a party may be granted vacation time, personal leave, use of accrued compensation time, or leave of absence without pay. Such instances include, but are not limited to, criminal or civil cases, traffic court, divorce proceeding, custody, or appearing as parent or guardian of juveniles. This does not include personal arraignments or incarcerations supported by convictions.
2. State vehicles may not be used when an employee is filing a complaint; attending hearings, trials or meetings with legal counsel; or otherwise participating in any legal action to which ODNR is not a party.
3. Bargaining Unit employees shall follow the applicable labor contract.

ACTIONS IN WHICH ODNR IS NAMED A PARTY:

1. Actions filed between ODNR and non-employee parties.
   1. ODNR employees are permitted to participate as witnesses, on behalf of the department, and in any actions between ODNR and non-employee parties. An employee need not use leave to participate if the employee has been either issued a subpoena or called to testify, or otherwise required to participate as a work assignment.
   2. ODNR employees who represent the department or serve as witnesses on behalf of ODNR may use state vehicles or be entitled to mileage reimbursement for the activities described in this section.
   3. Pre-disciplinary Hearings and Appeals
      1. ODNR employees shall be granted paid release time to attend pre-disciplinary hearings when they are a party or an approved witness.
      2. Use of state vehicle or mileage reimbursement will be provided.
      3. Bargaining unit employees shall follow the applicable labor contract.
2. Actions brought against ODNR by ODNR employees
   1. ODNR employees may be granted vacation time, personal leave, use of accrued compensation time or leave without pay for the purpose of filing and pursuing an action against ODNR. Mileage reimbursement or use of a state vehicle is not authorized for any activities related to or the filing of a complaint against ODNR.
   2. State Personnel Board of Review (SPBR)
      1. ODNR employees will be allowed time off with pay during their regular scheduled work hours to attend hearings before the State Personnel Board of Review, provided they were subpoenaed, were parties to the action, or were required to attend as a work assignment. Employees may be paid witness fees only if they were subpoenaed to a hearing which they attended at a time they were not scheduled to work (OAC 124-11-18(A)).
      2. Mileage shall be paid to any subpoenaed witness, not a party who works or resides outside Franklin County who incurs un-reimbursed travel expense to attend hearing before the Board. Neither parking costs nor food and lodging are reimbursable. (OAC124-11-18(B)).
      3. Parties may not subpoena themselves (OAC 124-11-18(C)).
      4. Mileage and witness fees shall not be paid to anyone who fails to register at the hearing which he/she attended (OAC 124-11-18(D)).
      5. An ODNR employee who appeals any action before the State Personnel Board of Review and is in active pay status at the time of a scheduled hearing before the Board shall be granted civic duty leave with full pay for purposes of attending the hearing (OAC 123:1-34-03).
      6. An ODNR employee who is party to an action before the Board and chooses to appeal said action beyond the jurisdiction of the State Personnel Board of Review may be granted vacation time, personal leave, use of accumulated compensation time or leave of absence without pay for the purpose of appearing before a court on behalf of said appeal. There will be no paid leave time, permission to use a state vehicle, or mileage reimbursement for said employees to make court appearances or attend hearing on behalf of an appeal of State Personnel Board of Review decision.
   3. Grievance Meetings
      1. ODNR employees will be given reasonable time off to attend grievance meetings during normally scheduled work hours.
      2. Use of a state vehicle or mileage reimbursement is not authorized in matters where the employee is a party to the grievance.
      3. Bargaining unit employees shall follow applicable contracts.
   4. Job Audit Appeals
      1. ODNR employees will be given reasonable time off to attend job audit appeals during normally scheduled work hours.
      2. Use of a state vehicle or mileage reimbursement is not permitted in matters where the employee is a party to the audit appeal.
      3. Bargaining unit employees shall follow the applicable labor contract.
   5. Workers’ Compensation Hearing and/or Appeals
      1. Any ODNR employee who is on active pay/work status at the time of a workers’ compensation hearing shall be granted leave with full pay for a reasonable amount of time to attend the hearing.
      2. Active pay status employees attending workers’ compensation hearings are not eligible for mileage reimbursement or authorization to use a state vehicle.
      3. ODNR employees who are not on active pay/work status at the time of a workers compensation hearing are not eligible for paid leave.
   6. Actions filed against ODNR with the Department of State Personnel, Division of Equal Employment Opportunity shall follow applicable procedure under Chapter 123:1-49 of the ORC.
   7. Actions filed against ODNR with the Ohio Civil Rights Commission (OCRC) or the Equal Employment Opportunity Commission (EEOC).
      1. ODNR employees shall be paid for the time they are absent from their jobs to attend hearings before the OCRC and EEOC provided they were either subpoenaed or were parties to the action. These employees may be paid witness fees only if they were subpoenaed to a hearing which they attended at a time they were not scheduled to work.
      2. Witnesses summoned by subpoena of the Commission are entitled to the same witness and mileage fees as witnesses in proceedings in a court of Common Pleas. (See 2. Actions brought against ODNR by ODNR employees, b, vi.)
      3. Parties may not subpoena themselves.
      4. Mileage and witness fees shall not be paid to anyone who fails to register at the hearing which he/she attended.
      5. An ODNR employee who appeals an action before the OCRC or EEOC and is in active pay status at the time of a scheduled hearing, before the OCRC or EEOC shall be granted paid leave for the purpose of attending the hearing.
      6. An ODNR employee who is party to an action before the OCRC or EEOC and chooses to appeal said action beyond the jurisdiction of the EEOC or OCRC, shall be granted vacation time, personal leave, use of accrued compensatory time or leave of absence without pay for the purpose of appearing before the applicable court. There will be no paid leave, nor permission to use a state vehicle, nor mileage reimbursement for said employee to attend hearings or court appearances in the appeal process beyond OCRC or EEOC jurisdiction.