1. (a) A state employee, directed by the proper authority or in obedience to a subpoena, shall be entitled to time-off from work without loss of compensation or leave to serve in a capacity described in paragraphs (1) through (4) of this subsection. Such time shall be counted as hours worked in accordance with the Fair Labor Standards Act and 260:25 7 12.

   1. (1) A jury member;
   2. (2) A witness on behalf of the federal government, the state of Oklahoma, or a political subdivision of the state;
   3. (3) A witness or party before a state agency, board, commission, or legislative body; or
   4. (4) A witness, party, attorney, representative, or spokesperson in the employee's official capacity as a state employee.

2. (b) A state employee shall take annual leave or leave without pay, at the employee's discretion, for the time absent to serve:

   1. (1) as a party in private litigation;
   2. (2) as a witness to testify as an individual or a paid expert in private litigation;
   3. (3) as an attorney outside of the employee's official capacity as a state employee; or
   4. (4) in any other capacity of court and jury services not covered in subsection (a) of this Section.
3. (c) The Appointing Authority may require the employee to submit a copy of the subpoena, summons, or other court order or process as a prerequisite for determining whether or not leaveis to be taken.
4. (d) State officers and employees are prohibited from receiving expert witness fees when acting in their official capacities as state employees. [Ethics Rules 257:20-1-3]
5. (e) Any jury fees received by the employee in accordance with state statute can be retained by the employee. [28 O.S. § 86]

Added at 31 Ok Reg 1346, eff 9-12-14