The City of St. Louis Administrative Regulations have been converted to electronic
format by the staff of the St. Louis Public Library. This electronic version has been done
for the interest and convenience of the user. These are unofficial versions and should be
used as unofficial copies.
Official printed copies of the City of St. Louis Administrative Regulations may be
obtained from the Personnel Office at 1114 Market Street, Room 703, St. Louis, Missouri
63101.
Jury and Witness Leave
- The current Compensation Ordinance provides for jury leave with regular bi-weekly pay
for bi-weekly paid employees, and allows for the retention of jury stipend pay for jury
service under limited circumstances. Following is an expansion on the Ordinance provision
and guidelines as to payment and treatment of leave requests.
- I. ELIGIBILITY TO RECEIVE JURY LEAVE WITH PAY
- As provided by ordinance, all full-time and part-time bi-weekly paid employees working
one-half (50%) time or more are eligible for jury or witness leave with pay when they are
serving as jurors pursuant to order of the St. Louis Circuit Court or Federal District
Court in St. Louis, or while their presence is required by the prosecutor as part of a
grand jury procedure or trial in State, County or Federal Court.
- The following employees are not eligible to receive jury leave with pay:
- 1. Employees working on a per performance basis.
- 2. An employee who is directly involved in the case as a plaintiff or defendant
- 3. Bi-weekly paid employees who work less than one-half (50%) time.
- II. PROCEDURES WHEN CALLED FOR JURY SERVICE
- A. All employees who are summoned for jury duty or subpoenaed as a witness must report
such fact within seventy- two (72) hours to their appointing authority and display to the
appointing authority the summons or subpoena.
- B. To the extent practicable, the appointing authority should attempt to temporarily
revise the work schedule of employees so that they are not on jury duty or witness leave
on their days off. In addition, any previously scheduled vacation time for this period
should be canceled and rescheduled.
- C. Upon being excused by the Jury Supervisor from serving as a juror in the St. Louis
Circuit Court, or by the prosecuting authority from serving as part of a grand jury
procedure or trial in State, County or Federal Court, the employee shall immediately
report to his appointing authority with a written statement from the Jury Supervisor or
prosecuting attorney setting forth the time and date served. If, according to the policy
of the employee's department, they would not be required to report to work until the next
regularly scheduled work day, the employee could present the written statement at that
time.
- D. The work schedule of a particular employee may affect when they should return to work
upon being excused from jury service. If, for example, only several hours remained in the
work day, the employee might be told just to report the next day. If the employee was on
the evening or night shift and had to report for duty in several hours and because of jury
duty had no opportunity for sleep, it might be best just to have the employee report to
work on the next scheduled work day. Reasonable discretion should be used by the
appointing authority in determining when the employee should return to work. In any event,
the employee shall be credited with paid leave for the time absent due to jury or witness
duty.
- A standard policy explaining when employees are to return to work following jury service
should be developed for each department and/or division, taking into consideration all
assigned work schedules and shifts. Notice of these guidelines should be made available to
all employees, and discussed with employees in advance of their date to report for jury
service, at least no later than the time they are required to submit their jury service
notice to their supervisor.
- E. Employees who are sequestered during the course of a trial find themselves in the
service of the Court during evenings, and possibly on weekends. Since the purpose of paid
jury/witness leave is to protect an employee's regular base bi-weekly income, additional
paid jury/witness leave shall not be paid for sequestered evening or weekend duty, which
extends beyond the number of hours of the employee's regularly scheduled work hours.
- F. Employees whose regularly scheduled work week entitles them to shift differential in
accordance with Section 2(g) of the compensation ordinance shall not be paid shift
differential for the period of jury service.
- The basic principle behind paid jury/witness leave is that full income protection is
provided to eligible employees. Any employee found abusing this privilege shall not be
entitled to payment for current or subsequent jury service and will be subject to
disciplinary action. Serving jury/witness duty should not be a hardship on City employees,
but it is seen as a civic duty.
- III. ELIGIBILITY FOR RETENTION OF THE STIPEND FOR JURY SERVICE
Circumstances When Employees MAY NOT Keep the Jury Stipend
- A. Bi-weekly paid employees working one-half (50%) time or more may not keep any
compensation (stipend) from the Jury Supervisor for jury service in the St. Louis Circuit
Court on days the employee receives compensation from the City, such as:
- 1. On regularly scheduled work days, vacation leave, paid sick leave, receipt of 2/3
salary while on Workers' Compensation, etc.;
- 2. When an employee is directly involved in the case as a defendant or plaintiff;
- 3. For evenings and/or nights served when the employee is sequestered;
- 4. On a day when an employee is dismissed early from jury service and is required to
return to work to complete the remainder of their shift.
- B. Upon completion of jury service other than in a Circuit Court (e.g, the Federal
District Court), the employee normally receives a stipend which includes travel and
parking fees for their service. On days bi-weekly paid employees who work one-half (50%)
time or more receive compensation from the City while on jury service, they may not retain
the daily stipend, but are entitled to retain any travel and/or parking fees. Please refer
to Section IV(B) of this administrative regulation for guidelines that must be followed
upon receipt by the employee of a check from the Federal District Court.
- C. Employees called to testify in their capacity as a City official or employee are
considered as being on duty when testifying. Any fees for such service which might be
received should be forwarded to the Comptroller's Office using the same procedures
described above.
- If an employee fails to submit his jury stipend and refuses to furnish funds for the
amount due the City, the amount of the stipend less allowable expenses should be deducted
from their pay. In addition, the employee could be subject to disciplinary action.
Circumstances When Employees are PERMITTED TO RETAIN the Jury Stipend
- A. Employees paid on a per performance basis and bi-weekly paid employees who work less
than one-half (50%) time who are not eligible to receive paid jury/witness leave may keep
any stipend paid by the Court of Circuit Attorney.
- B. Bi-weekly paid employees who are eligible to receive paid jury/witness leave may keep
the jury stipend only on those days (i.e., a full shift) when the employee receives no
compensation from the City, such as:
- 1. On an employee's regularly scheduled day(s) off.
- However, as recommended in Section II of this administrative regulation, the appointing
authority should, if at all practicable, temporarily revise the employee's work schedule
so that jury duty will not fall on the employee's day off.
- 2. When the employee is on dock, family medical leave, and other non-paid leave of
absence, excluding suspensions for disciplinary reasons.
- IV. PROCEDURES FOR REIMBURSING ELIGIBLE EMPLOYEES FOR THE JURY STIPEND
- A. For jury service in the St. Louis Circuit Court
- 1. Upon completion of jury service, THE EMPLOYEE must submit to their immediate
supervisor the written statement issued by the Jury Supervisor which indicates dates and
number of days served. This statement shall then be forwarded to the department/division's
payroll clerk.
- 2. THE PAYROLL CLERK should check the employee's work schedule and attendance records
against the statement from the Jury Supervisor. If, based on the criteria outlined in this
regulation, it is determined that the employee is eligible to keep all or a part of the
stipend for their jury service, the payroll clerk must then complete a "Jury Stipend
Authorization Form" for the employee. (See attached copy.)
NOTE: The "Jury Stipend Authorization Form" would not be completed for
employees who are ineligible to receive any amount of jury stipend. However, it must be
completed for employees who served in courts other than the St. Louis Circuit Court (such
as the Federal District Court) and, although ineligible to retain the daily stipend, would
be able to receive travel and/or parking fees.
- 3. After attaching a copy of the written statement from the Jury Supervisor to the
signed and completed "Jury Stipend Authorization Form," THE PAYROLL CLERK must
then forward the original of the form to the Jury Supervisor's Office. A copy of the
"Jury Stipend Authorization Form" should be kept for the department's records.
- 4. The JURY SUPERVISOR'S OFFICE will issue a check to the employee for the number of
eligible days authorized on the "Jury Stipend Authorization Form."
- B. For jury service other than in a Circuit Court (e.g, the Federal District Court)
- 1. After receiving a check for jury service, THE EMPLOYEE must endorse the check (i.e.,
sign the back of the check and write: "For Deposit Only -- City of St. Louis")
and forward it to their payroll clerk.
- 2. The PAYROLL CLERK should check the employee's work schedule and attendance records
and determine if the employee is eligible to retain any of the daily jury stipend as well
as the travel/parking fees, if paid. Then, the payroll clerk must attach the check to a
signed and completed "Jury Stipend Authorization Form" and forward both to the
Financial Reporting Section of the Comptroller's Office.
- 3. Based on information provided by the "Jury Stipend Authorization Form," the
COMPTROLLER'S OFFICE will issue a check payable to the employee for an amount equal to the
authorized daily stipend and travel/parking fees, or only for the travel and parking
reimbursement if the employee was not eligible to keep the daily stipend.
- In the event that an employee cashes a check when they were eligible only for
reimbursement of the travel/parking fees, the employee must issue to his payroll clerk a
personal check, or money order, payable to the City of St. Louis for the amount of the
stipend, less listed parking and travel fees. The payroll clerk will forward the check or
money order to the Comptroller's Office with an explanation.
- Payroll clerks should use the attached "Jury Stipend Authorization Form" to
make additional copies as they are needed.
- Questions regarding this Administrative Regulation should be referred to the
Compensation and Employee Relations Division of the Department of Personnel at 622-3565.
DEPARTMENT OF PERSONNEL
William C. Duffe
Director
DATE: June 24, 1988
Revised: June 16, 1997
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