Fact Sheet: Court Leave
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