Out-of-state subpoena. Time off?

[boston1]

I work in Massachusetts, but have been served with a subpoena requiring me to appear as a witness in a criminal case in California later this month for at least two days. Can my Massachusetts employer refuse to recognize a subpoena issued by a California court and not give me the time off? As a salaried employee, are they allowed to dock my vacation time or dock my pay?

 

[jharris352]

They, like you, have to recognize the subpoena. I do not know if they can doc your vacation time but it is possible. You should be paid a witness appearance fee to cover your costs (travel expenses). If that isn't done up front your subpoena isn't valid. Costs do not include missing work.

 

[boston1]

Thanks for that info. Do you know if a prosecutor's office would ever be willing to cover the travel costs for both me and a companion? I'll be honest, the nature of the case and my testimony is pretty intense and I can't imagine doing this all on my own.

 

[jharris352]

I'm certain that the companion is going to be on you.

 

[Patricia_Young]

If this case is not related to your employment, yes, the employer can make you use vacation/PTO time to get paid for those days.