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Pay & Leave Leave Administration

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
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