Witness Testimony Leave

Purpose

California Government Code Section 1230 entitles County employees to time off when summoned to appear as a witness in court or administrative proceedings.

Policy

Eligibility

All County employees are eligible. 

Entitlement

The time required to appear in court or administrative proceedings.

Use of Balances

If the employee is testifying on behalf of the County, the time is recorded as regular hours worked.

If the employee is subpoenaed to testify but not on behalf of the County and, is neither party to litigation nor an expert witness, their time is recorded as subpoena witness non-work hours (Z221).

An employee who is either a party to litigation or an expert witness is required to use vacation, compensating time off (CTO) or holiday in lieu (HIL) leave balances. Sick leave accruals may not be used.

Request Procedure

An employee must provide reasonable notice, in accordance with department procedures, when feasible.