Scheduling for Night Shift Employee Who is Entitled to Court Leave for Jury Service

GAO was asked to determine whether an employee on jury duty should be required to work his or her night shift at the discretion of the employing Government agency. GAO determined that any permanent federal employee under proper summons from a State or Federal court to serve on a jury may be granted court leave for the entire period on which he is required to report to the court until he is dismissed by the court regardless of the number of hours per day or days per week is required to serve. That term of service, however, does not include time during which an employee is excused or dismissed by the court for an indefinite period subject to call by the court or in those cases where no hardship would result for a definite period of one day or a substantial portion of one day. Agencies may have regulations regarding this issue, which should conform with law and our decisions, and otherwise be fair and reasonable in application to the particular circumstances involved.