|Subchapter 4630 - Absence and Leave
Section D - Administrative Leave and Excused Absence
Subsection a - Court
|Employees / supervisors seeking guidance on the amount of official time that may be granted for EEO / ER- related matters (e.g., preparing for cases, meeting with attorneys) must contact their servicing Civil Rights or Employee Relations Specialist.|
| Witness Service
An employee with a regularly scheduled tour of duty who would otherwise be in a pay or duty status may be granted administrative leave (TC 66) or official duty (TC 01) when summoned as a witness on behalf of the Federal, D.C., State, or local government. These proceedings may include any action, suit, condemnation, preliminary, information, or other proceeding of a judicial nature. The summons must be by a court or by an authority responsible for conducting such proceedings.
An employee may not be granted administrative leave (TC 66) or official duty (TC 01) for time spent as a plaintiff or defendant testifying on his/her own behalf. Annual leave , compensatory time off in lieu of overtime pay, compensatory time off for travel, credit hours or leave without pay (LWOP) must be requested for this purpose.
| Jury Service
||An employee with a regularly scheduled tour of duty who would otherwise be in a pay or duty status may be granted administrative leave (TC 66) when called for service as a juror or for a preliminary screening interview to ascertain potential eligibility for later service as a juror.|
||When administrative leave (TC 66) or official duty (TC 01) is requested for court-related purposes, a copy of the initial summons should be provided to the supervisor before the reporting date. Upon completion of the court-related service, the summons and the court certificate identifying the court, the employee, dates of service, daily fee, reimbursement for expense, and the total fee paid, must be filed with the office copy of the time and attendance report.|
| Court-Related Services Table
||Refer to the table on the following page to determine when an absence should be charged as administrative leave (TC 66), official duty (TC 01), leave (e.g., annual, compensatory time off in lieu of overtime pay, compensatory time off for travel, credit hours), or LWOP.|
| EMPLOYEE ABSENCES FOR COURT-RELATED SERVICES
||(Click here to view Chart)|
| Retaining Fees for Court Services
||Generally, an employee who has been granted administrative leave (TC 66) for court services (jury or witness) is not entitled to retain any fee for such service. However, there are a few exceptions to the rule, as described in the following table:
|Disposal of Nonretainable Fees||When an employee is not entitled to retain fees for court-related services, he/she must return them to the agency. A check or money order (payable to the agency), and a copy of the court certificate should be sent, through established administrative channels, to the applicable agency contact designated below:
| Time Covered by Jury Service
||Generally, the period of jury service begins with the date stated in the summons on which the employee is to report. It ends on the date the employee is discharged, as shown on the certificate from the court. Exceptions to this rule are:
|Exemption from Jury Service||
If the jury service will substantially interfere with official activities of the agency, the supervisor will prepare a written memorandum requesting that the employee be excused from jury service. The supervisor may send the memo directly to the court or he/she may seek the advice of the General Counsel.
If assistance from the General Counsel is solicited, the supervisor will prepare a memorandum for the signature of the Agency Administrator to the General Counsel requesting that the employee be excused from jury service. The memo, which should be sent through appropriate channels, should include:
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