Crime-Victim and Witness Court-Attendance Leave Request Packet

COMPULSORY JUDICIAL-PROCEEDING ABSENCE REQUEST PACKET

Georgia — O.C.G.A. § 34-1-3

Use this packet when an employee must attend a judicial proceeding in response to a subpoena, summons for jury duty, or another court order or process requiring attendance.

1. EMPLOYEE AND EMPLOYER

2. COMPULSORY-ATTENDANCE GATE

The employee received:

• ☐ Subpoena
• ☐ Summons for jury duty
• ☐ Other court order or process requiring attendance: [________________________________]

The employee is not charged with a crime in the proceeding for which this packet is used.

• ☐ Confirmed
• ☐ Uncertain; counsel review required

Court and jurisdiction: [________________________________]

Case or matter identifier, using the minimum necessary information: [________________________________]

Required appearance date and time: [________________________________]

Expected work absence or delayed reporting: [DATE / START / END]

Georgia Attorney General Official Opinion 95-13 concludes that section 34-1-3 includes qualifying judicial proceedings in another state. Obtain counsel review when the compulsory process was issued outside Georgia.

3. REASONABLE NOTICE

Section 34-1-3 permits an employer to require compliance with reasonable rules for notifying the employer of an expected absence or delayed reporting.

• ☐ Employer's reasonable notice procedure followed
• ☐ Notice provided as soon as practicable; explanation: [________________________________]
• ☐ Counsel review requested concerning the notice procedure

4. EMPLOYEE REQUEST

I request an absence or delayed-reporting adjustment from [START] through [END] on [DATE] to attend the judicial proceeding identified above as required by compulsory court process.

Pay or leave-bank treatment requested under policy, agreement, or another law:

• ☐ Accrued paid leave: [TYPE / HOURS]
• ☐ Unpaid time
• ☐ Schedule adjustment: [________________________________]
• ☐ Other: [________________________________]

This packet does not determine pay treatment under another law, policy, or agreement.

Employee signature: __________________________ Date: ______________

5. MINIMUM DOCUMENT DELIVERY

• ☐ Subpoena, summons, order, or process requiring attendance
• ☐ Scheduling or cancellation notice
• ☐ Other minimally necessary confirmation: [________________________________]

Do not attach police reports, medical records, victim addresses, or offense narratives unless current law or counsel requires them.

Secure delivery date, method, and recipient: [________________________________]

6. EMPLOYER REVIEW

Section 34-1-3 prohibits an employer or its agent from discharging, disciplining, otherwise penalizing, threatening, or communicating an intention to take such action because of a covered absence.

• ☐ Compulsory court process confirmed
• ☐ Judicial-proceeding attendance confirmed
• ☐ Charged-employee exclusion does not apply
• ☐ Reasonable notice procedure satisfied or exception reviewed
• ☐ Absence or delayed reporting approved
• ☐ Schedule adjusted without a prohibited penalty
• ☐ Pay / leave-bank treatment: [________________________________]
• ☐ Counsel review required

An employer or agent that violates subsection (a) may be liable to the injured employee for actual damages and reasonable attorney fees incurred in a successful claim.

Employer representative: _____________________ Date: ______________

Decision delivered to employee: [DATE / METHOD]

7. CHANGE LOG

OFFICIAL SOURCES VERIFIED

• Digital Library of Georgia — 1987 Georgia Laws, volume I, pages 1156–1158 (Act No. 748 / SB 41)
• Georgia Attorney General — Official Opinion 95-13
• Liberty County Clerk of Courts — current jury-service employer information
• Georgia General Assembly — 2021 HB 350 introduced text
• Georgia General Assembly — 2022 HB 1457 introduced text