When Your Employees Go to Court – Witness Duty

shutterstock_146730020This post continues the discussion of employees absent from work for attendance at court.  As a general proposition, employees who appear in court for their own cases, or on behalf of others, are not excused from work.  They must use excused time off, such as vacation or personal time.

One exception is for victims of domestic violence.  Conn. Gen. Stat. §31-51ss provides leave, although without pay, for up to 12 days during any calendar year.   This leave may be used for civil or criminal court appearances, and for related activities such as medical or psychological care or counseling, receiving services from victim service organizations, or relocation due to family violence. This leave is in addition to family and medical leave, and unlike FMLA which covers employers with 50 or more employees, domestic violence leave is available to employees of any Connecticut employer.

Unlike some other states, Connecticut does not mandate “witness leave” as such.  However, anyone who is served with a subpoena or other summons to appear in court is obligated to comply under penalty of law.  Since compliance with legal process is presumably an important public policy, termination of an employee who is absent from work for compliance with a subpoena or summons would be in contravention of public policy, and would leave the employer open to a claim of wrongful discharge.  In practical terms, a subpoena operates as an excuse for unpaid leave.  However, employers should be able to require subpoenaed employees to use vacation or personal time, if available.

Tags: Jury Duty

This blog/web site presents general information only. The information you obtain at this site is not, nor is it intended to be, legal advice, and you should not consider or rely on it as such. You should consult an attorney for individual advice regarding your own situation. This website is not an offer to represent you. You should not act, or refrain from acting, based upon any information at this website. Neither our presentation of such information nor your receipt of it creates nor will create an attorney-client relationship with any reader of this blog. Any links from another site to the blog are beyond the control of Pullman & Comley, LLC and do not convey their approval, support or any relationship to any site or organization. Any description of a result obtained for a client in the past is not intended to be, and is not, a guarantee or promise the firm can or will achieve a similar outcome.

Subscribe to Updates

About Our Labor, Employment and Employee Benefits Law Blog

Alerts, commentary, and insights from the attorneys of Pullman & Comley’s Labor, Employment Law and Employee Benefits practice on such workplace topics as labor and employment law, counseling and training, litigation, union issues, as well as employee benefits and ERISA matters.

Other Blogs by Pullman & Comley

Connecticut Health Law Blog

Education Law Notes

For What It May Be Worth

Recent Posts


Jump to Page