- Jan 1, 2023
Uniform Collective Agreement – Article 10 Court Witness
10.01
Where an employee is absent by reason of a subpoena to serve as a witness, the employee may opt to:
(a) treat the absence as leave without pay and retain any fee received as a witness;
(b) deduct the period of absence from the employee’s vacation leave-of-absence credits or overtime credits and retain any fee received as a witness; or
(c) treat the absence as leave with pay and pay to the Employer any fee that was received as a witness.
10.02
(a) An employee attending court as a result of on-duty conduct, excluding a hearing convened pursuant to the Community Safety and Policing Act, and the conduct is in relation to the performance of their duties as an employee, the employee shall be deemed to be on-duty for pay purposes.
(b) The employee’s Regional or Bureau Commander shall determine whether the employee is on-duty for pay purposes. An employee may appeal that decision to the Regional or Bureau Commander’s respective Provincial Commander.
(c) When the Employer directs an employee to attend a Community Safety and Policing Act hearing, the employee shall be deemed to be on-duty for pay purposes.
10.03
(a) Where an employee is off work on approved STSP, LTIP, WSIB or pregnancy/parental leave and the Employer is aware that the employee is unable to attend court for medical reasons, the Employer will take necessary steps to advise the Crown and/or Court.
(b) Where an employee is off work on approved STSP, LTIP, WSIB or pregnancy/parental leave and the Employer is not aware that the employee is unable to attend court for medical reasons, the employee shall notify the Employer as soon as possible and the Employer will take necessary steps to advise the Crown and/or Court.
10.04
Effective October 13, 2020, where an employee is required to attend court after their last scheduled night shift ending at 3:00am or thereafter, the employee may be excused from duty for all or part thereof their scheduled shift, subject to the emergent operational needs or exigent circumstances of the OPP. Such request for time off shall not be unreasonably withheld and shall be deducted from the employee’s available attendance credits (i.e., Stat Time, Vacation, Overtime).