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[Query Concerning Entitlement to Court Leave]

B-214719 Jun 25, 1984
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Highlights

The Defense Logistics Agency requested an advance decision concerning an employee's entitlement to court leave in connection with her attendance under subpoena upon several occasions at juvenile court proceedings involving her son. GAO has held that neither the language of 5 U.S.C. 6322 nor the legislative history indicates that court leave is available to an employee who is summoned to a court action as a party to the proceeding. In this case, the employee was summoned under a Pennsylvania statute which provides that the court shall summon the parent, guardian, or custodian to be a party to the proceedings. Accordingly, the employee was not entitled to court leave.

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