Request for Restoration of Forfeited Annual Leave

On behalf of a civilian employee of the Navy, a union appealed a Claims Group settlement which denied the employee's claim for restoration of annual leave. The employee had scheduled 40 hours of annual leave in writing, but he forfeited 16 hours of such leave because he performed jury duty. The issue for determination was whether an employee performing jury duty constitutes an exigency of public business so as to allow restoration of forfeited, scheduled annual leave. While it appears that exigency of the public business usually refers to a situation where an employee forfeits his annual leave because of a pressing need for him to perform work for his employing agency, there is no guidance in the legislative history of applicable laws, in the regulations promulgated by the Office of Personnel Management (OPM), or in GAO decisions as to whether jury duty performed by a Federal employee constitutes an exigency of the public business. GAO determined that there is legislation which clearly recognizes the performance of jury duty by a Federal employee as being a matter of public necessity and of official concern to the Government. Further, it is OPM recommended agency policy that Federal agencies not ask that their employees be excused from jury duty except in cases of real necessity because of the well-recognized importance of trial by jury in the administration of justice in the United States. GAO, therefore, concluded that jury duty performed by a Federal employee under the above circumstances does, in fact, constitute an exigency of the public business. Accordingly, the protester's annual leave should be restored.