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• Employees testifying for the State, or involved in a work-related State case, will be considered to be working and will be paid regular wages and any applicable overtime for hours worked.
• Evening and night shift employees may be reassigned to a day shift while they appear in court or an administrative hearing. If schedule and work demand do not permit this, employees may be given compensatory time (if an exempt employee) or paid (if a non-exempt employee) their regular wages for working regular schedule.
• Any employee called to appear in his or her official capacity in any judicial action or legislative investigation will neither accept nor receive any witness fee for such a governmental appearance.
• If the appearance as a witness is not in official capacity but is for the purpose of testifying from personal knowledge concerning matters related to the inquiry, then the employee may accept any customary witness fees for appearance.
• Any employee appearing as an expert witness in a judicial proceeding or legislative hearing may accept compensation for his or her appearance only when such appearance is made on his or her own leave time. Travel reimbursement expenses may be accepted only if the expenses were not reimbursed by the state.
• Employees who are serving in an official capacity as a witness in a judicial proceeding or legislative hearing may receive per diem and reimbursement for travel and expenses from either the state or judicial body, but not from both.
• With the exception of classified employees, full-time employees who serve as a consulting or testifying expert witness in a suit in which the state is a party shall notify their department and the Department of Human Resources.
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