Overview

This directive covers entitlements for employees who are called to serve on a jury or who have to appear in court or before a tribunal as a witness.

Bargaining unit employees are responsible for following the attendance requirements in the Collective Agreement.

Juror entitlements

Employees who are required to serve as a juror under the  Jury Act will be granted leave with pay. They are required to turn over any money they receive to their department, less any money they receive for travel and subsistence.

Witness entitlements

If employees are summoned to appear as a witness in an official capacity to give evidence or produce government records, they are considered to be at work. Any witness fee they receive will be paid to the department.

Within Alberta

If employees are served with a notice to attend as a witness or are summoned or subpoenaed to appear as a witness in a private capacity at a location within Alberta, they will be granted leave with pay. Any witness fee they receive will be paid to the department.

Outside Alberta

If employees are served with a notice to attend as a witness or are summoned or subpoenaed to appear as a witness in a private capacity at a location outside Alberta, they may be granted leave with pay as authorized by their department, but any witness fee they receive will be paid to their department.

Private cases where an employee is a party

In the case of a private lawsuit where the employee is one of the parties (i.e. plaintiff/defendant), it is the discretion of the employing department to determine whether the employee will be granted a leave of absence without pay or be allowed to use vacation entitlement for this purpose.

About this directive

Authority: Public Service Employment Regulation (PDF, 880 KB)
Application: Organizations under the Public Service Act
Effective Date: October 1, 1997
Contact: Alberta Public Service Commission:
Labour and Employment Practices; Labour and Employment Policy

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