An employee is entitled to paid time off without charge to leave
for service as a juror or witness. An employee is responsible for
informing his or her supervisor if he or she is excused from jury or
witness service for 1 day or more or for a substantial part of a day. To avoid
undue hardship, an agency may adjust the schedule of an
employee who works nights or weekends and is called to jury duty. (If
there is no jury/witness service, there is no court leave. The employee
would be charged annual leave, sick leave, or leave without pay, as
An employee who is summoned to serve as a juror in a judicial
proceeding is entitled to court leave.
An employee who is summoned as a witness in a judicial
proceeding in which the Federal, State, or local government is a party is
entitled to court leave.
An employee who is summoned as a witness in an official capacity on
behalf of the Federal Government is on official duty, not court
Employees must reimburse to their agency fees paid for service as a juror or witness. However, monies paid to jurors or witnesses which are
in the nature of "expenses" (e.g., transportation) do not have
to be reimbursed to the agency.
5 U.S.C. 6322, 5537, and 5515
Comptroller General opinions:
26 Comp. Gen. 413 (1946)--return to work
38 Comp. Gen. 142 (1958)--official duty
52 Comp. Gen. 325
(1972)--private party suit