These provisions do not apply to an employee whose appearances are in the line of duty. A full-time or part-time employee is entitled to a leave of absence with pay at the employee’s base hourly rate to respond to an enforceable subpoena to appear in a court or administrative agency hearing in California other than as a litigant and for reasons other than those caused by the employee’s connivance or misconduct. An employee may retain such payment as may be allowed the employee for lodging, meals and travel, but as a condition for entitlement to this Court Leave, the employee shall make payable to the County of Sonoma any and all fees which the employee may receive as payment for the service as a witness. An employee on Court Leave will receive the employee’s base hourly rate of pay for those hours spent traveling to and from the court or administrative agency hearing and the hours spent attending to the employee’s obligation as a witness so long as those hours correspond to the employee’s assigned work schedule. Time spent as a witness or travel time which are outside the employee’s assigned work schedule shall not be paid. If an employee’s obligation as a witness expires on any work day with time remaining on the employee’s work schedule, the employee will be obligated to return to work.
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