Crime-Victim and Witness Court-Attendance Leave Request Packet

SUBPOENA-COMPLIANCE ABSENCE REQUEST PACKET

Texas — Tex. Lab. Code § 52.051

Use this packet only when an employee will comply with a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding.

1. EMPLOYEE AND EMPLOYER

2. SUBPOENA AND PROCEEDING GATE

• ☐ A valid subpoena has been issued to the employee.
• ☐ Civil proceeding
• ☐ Criminal proceeding
• ☐ Legislative proceeding
• ☐ Administrative proceeding

Issuing court, committee, or agency: [________________________________]

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

Appearance date and time: [________________________________]

Expected work absence: [DATE / START / END]

3. EMPLOYEE REQUEST

I request an absence from [START] through [END] on [DATE] to comply with the attached or securely presented subpoena.

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

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

Section 52.051 does not itself require compensation for the absence.

Employee signature: __________________________ Date: ______________

4. MINIMUM DOCUMENT DELIVERY

• ☐ Subpoena
• ☐ Scheduling or cancellation notice
• ☐ Other minimally necessary record: [________________________________]

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: [________________________________]

5. EMPLOYER REVIEW

Tex. Lab. Code § 52.051 prohibits discharge, discipline, or any other penalty because an employee complies with a valid subpoena.

• ☐ Valid subpoena and covered proceeding confirmed
• ☐ Absence approved as requested
• ☐ Schedule adjusted without penalizing subpoena compliance
• ☐ Pay / leave-bank treatment: [________________________________]
• ☐ Counsel review required

If a court issued the subpoena, a violation may support contempt by that court. A legislative committee or state agency may impose a monetary penalty of up to $500 under subsection (c).

An unlawfully discharged employee may seek return to the same employment after giving actual return notice as soon as practical following release from subpoena compliance, subject to the subsection (f) defense. The statute also provides a civil damages and attorney-fee remedy.

Employer representative: _____________________ Date: ______________

Decision delivered to employee: [DATE / METHOD]

6. CHANGE LOG

OFFICIAL SOURCE VERIFIED

• Texas Constitution and Statutes — Labor Code Chapter 52, § 52.051