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
appropriate.)
Jury Duty
An employee who is summoned to serve as a juror in a judicial
proceeding is entitled to court leave.
Witnesses
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.
Official Duty
An employee who is summoned as a witness in an official capacity on
behalf of the Federal Government is on official duty, not court
leave.
Fees/Expenses
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.
References
5 U.S.C. 6322, 5537, and 5515
Comptroller General opinions:
26 Comp. Gen. 413 (1946)--return to work
site
38 Comp. Gen. 142 (1958)--official duty
status
52 Comp. Gen. 325
(1972)--private party suit
B-214863 (07/23/84)--fees
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