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Court Leave



Court leave is the authorized absence from duty, without a loss of pay or charge to leave, for service as a juror or as a witness on behalf of the Federal, State, or local government. Court leave applies to a permanent or temporary employee working a full or part-time schedule; however, it does not apply to an intermittent or "when actually employed" employee.

  • An employee must give his/her supervisor a copy of the summons/order indicating witness service along with the request for court leave approval.
  • Appropriate uses of Court leave:
    • Any period of time an employee is required to serve as a juror. The dates of service will be indicated on the summons/order. A copy of the summons/order to serve should be provided to the employee’s supervisor.
    • Any service performed as a witness on behalf of the Federal, State or local government.
  • Approval of Court leave is not appropriate:
    • For service as a witness on behalf of themselves or a private party.
    • If an employee is called to serve as a juror while on leave without pay (LWOP). Court leave is only available to an employee who, except for the jury service, would be in a pay status.
  • An employee:
    • Called for jury duty while on Annual Leave may substitute the Annual Leave for Court Leave.
    • Assigned to night duty may be granted court leave for their regular scheduled tour of duty when attendance in court during the day would cause them to lose time needed for rest.
    • Called as a witness to testify in an official capacity or to produce official records is considered to be in an official duty status.
    • Serving on a jury is entitled to retain money paid as “expenses” (e.g., travel and parking expenses) provided the purpose of the paid fees is clearly indicated as an expense.
    • Serving on jury duty is not entitled to retain jury duty fees paid for any hours of jury service that overlap their regular tours of duty and for which they are entitled to court leave. Fees paid for hours served outside of an employee’s regular tour of duty or for jury service on a Federal holiday may be retained.
    • Is not entitled to retain witness fees paid while on court leave. If an employee serves as a witness on his/her own behalf or on the behalf of a private party in a judicial proceeding in which the Federal, State, or a local government is not a party, the employee is not entitled to court leave and witness fees may be retained.
    • Money paid as witness expenses (e.g., travel and parking expenses) may be retained by an employee who is on court leave.