B-86745, JUNE 28, 1949, 28 COMP. GEN. 729

B-86745: Jun 28, 1949

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AMOUNTS RECEIVED BY EMPLOYEES FOR JURY SERVICE IN STATE COURTS ARE REQUIRED TO BE CREDITED AGAINST THEIR COMPENSATION ONLY WHERE THE PERFORMANCE OF THE JURY SERVICE NECESSITATES IN ABSENCE FROM OFFICIAL DUTY. IN DETERMINING THE CREDIT WHICH SHOULD BE MADE AGAINST THE COMPENSATION OF AN EMPLOYEE WHO IS ABSENT FROM DUTY FOR A FRACTIONAL DAY ON ACCOUNT OF SUCH JURY DUTY. - THAT THE EMPLOYEE WAS ABSENT FROM DUTY ON COURT LEAVE. 1949: REFERENCE IS MADE TO LETTER OF THE DEPUTY ADMINISTRATOR OF VETERANS' AFFAIRS. IS REQUIRED TO BE CREDITED AGAINST THE COMPENSATION OF THE EMPLOYEE UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH. FOR WHICH HE WAS GRANTED COURT LEAVE. THE AMOUNTS RECEIVED BY EMPLOYEES OF THE UNITED STATES FOR JURY SERVICE IN STATE COURTS ARE REQUIRED TO BE CREDITED AGAINST THE COMPENSATION ONLY WHERE THE PERFORMANCE OF THE JURY SERVICE NECESSITATES AN ABSENCE FROM OFFICIAL DUTY.

B-86745, JUNE 28, 1949, 28 COMP. GEN. 729

STATE JURY SERVICE - FRACTIONAL DAYS - CREDITING OF PAYMENT FOR JURY SERVICE TO COMPENSATION UNDER SECTION 3 OF THE ACT OF JUNE 29, 1940, AMOUNTS RECEIVED BY EMPLOYEES FOR JURY SERVICE IN STATE COURTS ARE REQUIRED TO BE CREDITED AGAINST THEIR COMPENSATION ONLY WHERE THE PERFORMANCE OF THE JURY SERVICE NECESSITATES IN ABSENCE FROM OFFICIAL DUTY, SO THAT, IN DETERMINING THE CREDIT WHICH SHOULD BE MADE AGAINST THE COMPENSATION OF AN EMPLOYEE WHO IS ABSENT FROM DUTY FOR A FRACTIONAL DAY ON ACCOUNT OF SUCH JURY DUTY, THE AMOUNT RECEIVED FOR JURY SERVICE RENDERED ON THAT DAY SHOULD BE MULTIPLIED BY THE FRACTION OF THE DAY COMPUTED TO THE NEAREST HOUR--- THAT THE EMPLOYEE WAS ABSENT FROM DUTY ON COURT LEAVE.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, JUNE 28, 1949:

REFERENCE IS MADE TO LETTER OF THE DEPUTY ADMINISTRATOR OF VETERANS' AFFAIRS, DATED MAY 31, 1949, REQUESTING A DECISION AS TO WHAT PORTION OF THE JURY FEES RECEIVED BY AN EMPLOYEE OF THE VETERANS' ADMINISTRATION HOSPITAL, DOWNEY, ILLINOIS, FOR JURY SERVICE IN AN ILLINOIS STATE COURT, DURING THE MONTH OF APRIL 1949, IS REQUIRED TO BE CREDITED AGAINST THE COMPENSATION OF THE EMPLOYEE UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH.

FROM THE INFORMATION PRESENTED, IT APPEARS THAT THE WORKDAY OF THE EMPLOYEE CONCERNED CONSISTED OF EIGHT HOURS--- 2:30 P.M. TO 11 P.M., PRESUMABLY INCLUSIVE OF ONE-HALF HOUR LUNCH PERIOD--- AND THAT ON ALL DAYS BUT ONE DURING THE PERIOD OF JURY SERVICE, THE EMPLOYEE CONCERNED SERVED ON THE JURY IN THE MORNING AND REPORTED TO AND WORKED HIS FULL TOUR OF DUTY IN THE AFTERNOON AND EVENING. ON THE ONE DAY, HOWEVER, THE COURT SESSION EXTENDED INTO THE AFTERNOON, REQUIRING THE EMPLOYEE'S ABSENCE FROM DUTY FOR THREE HOURS, FOR WHICH HE WAS GRANTED COURT LEAVE.

UNDER SECTION 3 OF THE ACT OF JUNE 29, 1940, 54 STAT. 689, THE AMOUNTS RECEIVED BY EMPLOYEES OF THE UNITED STATES FOR JURY SERVICE IN STATE COURTS ARE REQUIRED TO BE CREDITED AGAINST THE COMPENSATION ONLY WHERE THE PERFORMANCE OF THE JURY SERVICE NECESSITATES AN ABSENCE FROM OFFICIAL DUTY. IN CASES WHERE THE ABSENCE FROM DUTY IS LESS THAN ONE FULL DAY, THE AMOUNT FOR CREDITING AGAINST THE COMPENSATION OF THE EMPLOYEE SHOULD BE IN PROPORTION TO THE NUMBER OF HOURS' ABSENCE FROM DUTY. THAT IS TO SAY, IN DETERMINING THE CREDIT WHICH SHOULD BE MADE AGAINST THE COMPENSATION OF AN EMPLOYEE WHO IS ABSENT FROM DUTY FOR A FRACTIONAL DAY ONLY, TO PERFORM JURY SERVICE IN A STATE COURT, THE AMOUNT RECEIVED FOR JURY SERVICE RENDERED ON THAT DAY SHOULD BE MULTIPLIED BY THAT FRACTION OF THE DAY--- COMPUTED TO THE NEAREST HOUR- - THAT THE EMPLOYEE WAS ABSENT FROM DUTY ON ACCOUNT THEREOF.

APPLYING THE FOREGOING TO THE PARTICULAR SITUATION PRESENTED, SINCE THE EMPLOYEE INVOLVED WAS ABSENT FROM DUTY ONLY THREE HOURS ON BUT ONE DAY DURING THE ENTIRE PERIOD OF JURY SERVICE IN QUESTION AND SINCE HE WORKED THE REMAINING FIVE HOURS ON THAT DAY, THERE SHOULD BE CREDITED AGAINST HIS COMPENSATION THREE-EIGHTHS OF THE AMOUNT RECEIVED FOR JURY SERVICE FOR ONE DAY.