Expert's View

If you are called as a juror or witness, you are entitled to paid time off without charge to annual leave. Image: Rosamar/Shutterstock.com

It’s question and answer time. I ask the question. You provide the answer.

First, have you ever been required to be in court either as a juror or in a judicial proceeding? [Your answer.] Second, have you been called as a witness in which the federal, state, or local government is a party? [Your answer.]

If you haven’t been yet, you may be in the future. If that happens, you need to know how the government will handle your taking time off from work.

If you are summoned as a witness in an official capacity on behalf of the federal government, you are on official duty, not court leave. On the other hand, if you are called as a juror or witness, you are entitled to paid time off without charge to annual leave.

However, before you do that, you’ll first need to let your supervisor know that you’ll be gone and, second, keep him or her informed about how long you’ll be away so he or she can work around your absence. If you normally work nights or weekends, your agency may be able to adjust your schedule to avoid undue hardship on you.

If you receive compensation for expenses while on jury duty, such as transportation, you may keep the money and need not reimburse your agency. However, if you are paid a fee for your service as a juror or witness, you’ll have to reimburse your agency.

The rules are different if you go to court as a defendant, to accompany a family member or friend, or simply to observe the proceedings. In that case, you are not entitled to court leave. You’d have to take annual leave or go on leave-without-pay. To do that, you’d need to have your absence approved by your supervisor.

Next week, I’ll close out this series on leave with an explanation of two very different kinds of leave: home leave and shore leave.


Former head of retirement and insurance policy at the Office of Personnel Management, and longtime FEDweek contributor, Reg Jones is known throughout the federal workforce community as an authority on pay and benefits.

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