Mosaic Primary Care Network Collective Agreement 2023 - 2027

Article 35: Court Appearance

For the purpose of this Article, a day is defined as the length of an Employee’s average workday based on their annual hours of work to a maximum of twelve (12) hours duration.

When an Employee, as a result of their duties, is summoned or subpoenaed as a witness or defendant to appear in court or other legal proceeding, they will notify the Employer as soon as possible.

1.  
   1. When an Employee, as a result of their duties with the Employer, is summoned or subpoenaed as a witness or defendant to appear in court or other legal proceeding, or in the event an Employee is required to appear before a court of law as a member of a jury, or for the purpose of jury selection, they shall be paid the difference between the pay received for such court service and the pay the Employee would have normally received if they had been working, based on the basic rate of pay. Where practicable the Employee will report to work during those hours that they are not required to attend court.  For the purpose of the Employee reporting to work, travel time shall be considered as time required to attend court.
   2. When an Employee, as a result of their duties, is summoned or subpoenaed as a witness or defendant to appear in court or other legal proceeding, they shall be:

      1. During Vacation/Personal Leave

         Paid overtime for time attending court in accordance with the provisions of Article 12. Minimum pay will be two (2) hours at the applicable overtime rate. All necessary and reasonable travel expenses incurred by an Employee who is required to return from vacation to serve as a witness shall be reimbursed by the Employer. These expenses shall include necessary food and lodging and travel expenses incurred for the Employee’s return from and back to the vacation destination. However, in order to qualify an Employee must advise the Employer in writing immediately when they are made aware of any witness duty or other work-related duty which requires their attendance during their annual vacation. Where an Employee qualifies as outlined above, extra time shall be permitted in their vacation equal to the number of vacation days lost due to court obligations.

      2. During Regularly Scheduled Days Off

         Paid overtime for time attending court in accordance with the provisions of Article 12. Minimum pay will be two (2) hours at the applicable overtime rate. 

2. Where an Employee is required by law to appear before a court of law for reasons other than those stated in 35.01 (a) and (b) above, they shall be granted a leave of absence without pay.