B-12011, SEPTEMBER 6, 1940, 20 COMP. GEN. 131

B-12011, SEPTEMBER 6, 1940, 20 COMP. GEN. 131

LEAVES OF ABSENCE - JURY SERVICE A FEDERAL OFFICER OR EMPLOYEE WHO IS UNDER PROPER SUMMONS FROM A STATE OR FEDERAL COURT TO SERVE ON A JURY MAY BE GRANTED COURT OR JURY LEAVE OF ABSENCE WITH PAY, IN ACCORDANCE WITH THE ACTS OF AUGUST 22, 1935, 49 STAT. 682, AND JUNE 29, 1940, PUBLIC NO. 676, 54 STAT. 689, FOR THE ENTIRE PERIOD FROM THE DATE STATED IN THE SUMMONS ON WHICH HE IS REQUIRED TO REPORT TO THE COURT, TO THE TIME HE IS DISCHARGED BY THE COURT, REGARDLESS OF THE NUMBER OF HOURS PER DAY OR DAYS PER WEEK HE ACTUALLY SERVED ON THE JURY DURING THE PERIOD.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE FEDERAL WORKS ADMINISTRATOR, SEPTEMBER 6, 1940:

I HAVE YOUR LETTER OF AUGUST 22, 1940, AS FOLLOWS:

BY THE ACT OF CONGRESS APPROVED AUGUST 22, 1935, 49 STAT. 682, EMPLOYEES OF THE UNITED STATES, WITH CERTAIN EXCEPTIONS, WERE QUALIFIED TO SERVE AS JURORS IN THE DISTRICT OF COLUMBIA. BY A MORE RECENT ACT APPROVED JUNE 29, 1940, PUBLIC, NO. 676, 76TH CONGRESS, CONGRESS AUTHORIZED A LEAVE OF ABSENCE WITH PAY FOR EMPLOYEES WHO MAY BE CALLED FORJURY SERVICE IN ANY STATE COURT OR COURT OF THE UNITED STATES. THESE ACTS FURTHER PROVIDE THAT GOVERNMENT EMPLOYEES WHO ARE CALLED UPON TO SIT ON JURIES SHALL NOT BE PAID FOR SUCH JURY SERVICE, BUT THEIR SALARY SHALL NOT BE DIMINISHED DURING THEIR TERM OF SERVICE BY VIRTUE OF SUCH SERVICE, EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 3 OF THE ACT OF JUNE 29, 1940, IN INSTANCES OF JURY SERVICE IN A STATE COURT, NOR SHALL SUCH PERIOD OF SERVICE BE DEDUCTED FROM ANY LEAVE OF ABSENCE AUTHORIZED BY LAW.

SINCE THE PASSAGE OF THE ACT OF AUGUST 22, 1935, A NUMBER OF EMPLOYEES OF THE PUBLIC BUILDINGS ADMINISTRATION OF THIS AGENCY HAVE BEEN CALLED FOR DUTY ON THE VARIOUS JURIES IN THE DISTRICT OF COLUMBIA. A LARGE NUMBER OF EMPLOYEES OF THE PUBLIC BUILDINGS ADMINISTRATION ARE ASSIGNED TO DUTY FROM 4:00 P.M. TO 12:00 MIDNIGHT, OR FROM 12:00 MIDNIGHT TO 8:00 A.M. MANY OF THESE EMPLOYEES HAVE BEEN CALLED FOR JURY DUTY FOR PERIODS OF FROM ONE MONTH TO THREE MONTHS, AND DURING SUCH PERIODS THE HOURS OF SERVICE OF THESE EMPLOYEES AS JURYMEN VARY. IN CASES OF TRIAL JURY SERVICE, THESE EMPLOYEES SOMETIMES SERVE FIVE HOURS A DAY WITH AN HOUR OFF FOR LUNCH, AND ON OTHER DAYS THEY ARE REQUIRED TO SERVE EIGHT OR NINE HOURS, DEPENDING UPON THE PLEASURE OF THE COURT. IN SOME INSTANCES, THESE EMPLOYEES, AS JURYMEN, ARE NOT REQUIRED TO SERVE ON SATURDAYS.

AS THE HOURS OF THESE EMPLOYEES DURING THE PERIOD OF JURY SERVICE, BOTH IN THE COURTS OF THE UNITED STATES AND IN STATE COURTS, ARE CONTROLLED BY THE COURTS, AND AS THE AFORESAID ACTS OF AUGUST 22, 1935, AND JUNE 29, 1940, SPECIFICALLY PROVIDE THAT SUCH PERIODS OF JURY SERVICE SHALL NOT BE DEDUCTED FROM ANY LEAVE OF ABSENCE AUTHORIZED BY LAW YOUR DECISION IS RESPECTFULLY REQUESTED AS TO THE FOLLOWING:

1. SHALL COURT OR JURY LEAVE BE GRANTED AN EMPLOYEE FOR THE ENTIRE PERIOD FOR WHICH HE SERVES ON JURY DUTY, REGARDLESS OF THE NUMBER OF HOURS PER DAY OR DAYS PER WEEK THE EMPLOYEE ACTUALLY SERVED ON THE JURY DURING THE PERIOD?

IF YOUR DECISION TO QUESTION 1 IS IN THE NEGATIVE, YOUR DECISION IS FURTHER REQUESTED TO QUESTIONS 2 AND 3 AS FOLLOWS:

2. DURING THE PERIOD OF SERVICE AS AN EMPLOYEE IS EXCUSED FROM PERFORMING JURY SERVICE ON SATURDAY, SHOULD SUCH EMPLOYEE BE REQUIRED TO REPORT FOR DUTY TO HIS FEDERAL POSITION ON THAT DAY, OR IF HE FAILS TO DO SO SHOULD HE BE CHARGED WITH ANNUAL LEAVE FOR THE SATURDAY, OR LEAVE WITHOUT PAY IN THE EVENT THERE IS NO ANNUAL LEAVE TO SUCH EMPLOYEE'S CREDIT?

3. IF AN EMPLOYEE, DURING THE PERIOD OF JURY SERVICE, IS EXCUSED BY THE COURT ON CERTAIN DAYS WITHOUT SERVING SEVEN OR EIGHT HOURS, OR A PERIOD OF TIME EQUIVALENT TO THAT WHICH HE IS REQUIRED TO PERFORM ON HIS REGULAR DUTIES, SHOULD THE DIFFERENCE IN TIME BE CHARGED TO ANNUAL LEAVE OR LEAVE WITHOUT PAY IN THE EVENT SUCH EMPLOYEE'S ANNUAL LEAVE IS EXHAUSTED?

THE ACT OF AUGUST 22, 1935, 49 STAT. 682, AFTER EXEMPTING CERTAIN CLASSES OF PERSONS FROM JURY SERVICE IN THE DISTRICT OF COLUMBIA, PROVIDES AS FOLLOWS:

ALL OTHER PERSONS, OTHERWISE QUALIFIED ACCORDING TO LAW WHETHER EMPLOYED IN THE SERVICE OF THE GOVERNMENT OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA, ALL OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA, BOTH ACTIVE AND RETIRED, ALL OFFICERS AND ENLISTED MEN OF THE MILITARY, NAVAL, MARINE, AND COAST GUARD RESERVE CORPS OF THE UNITED STATES, ALL NOTARIES PUBLIC, ALL POSTMASTERS AND THOSE WHO ARE THE RECIPIENTS OR BENEFICIARIES OF A PENSION OR OTHER GRATUITY FROM THE FEDERAL OR DISTRICT GOVERNMENT OR WHO HAVE CONTRACTS WITH THE UNITED STATES OR THE DISTRICT OF COLUMBIA, SHALL BE QUALIFIED TO SERVE AS JURORS IN THE DISTRICT OF COLUMBIA AND SHALL NOT BE EXEMPT FROM SUCH SERVICE: PROVIDED, THAT EMPLOYEES OF THE GOVERNMENT OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA IN ACTIVE SERVICE WHO ARE CALLED UPON TO SIT ON JURIES SHALL NOT BE PAID FOR SUCH JURY SERVICE BUT THEIR SALARY SHALL NOT BE DIMINISHED DURING THEIR TERM OF SERVICE BY VIRTUE OF SUCH SERVICE NOR SHALL SUCH PERIOD OF SERVICE BE DEDUCTED FROM ANY LEAVE OF ABSENCE AUTHORIZED BY LAW. ( ITALICS SUPPLIED.)

THE ACT OF JUNE 29, 1940, PUBLIC, NO. 676, 54 STAT. 689, PROVIDES AS FOLLOWS:

THAT THE COMPENSATION OF ANY EMPLOYEE OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA WHO MAY BE CALLED UPON FOR JURY SERVICE IN ANY STATE COURT OR COURT OF THE UNITED STATES SHALL NOT BE DIMINISHED DURING THE TERM OF SUCH JURY SERVICE BY REASON OF SUCH ABSENCE, EXCEPT AS PROVIDED IN SECTION 3, NOR SHALL SUCH PERIOD OF SERVICE BE DEDUCTED FROM THE TIME ALLOWED FOR ANY LEAVE OF ABSENCE AUTHORIZED BY LAW.

SEC. 2. ANY EMPLOYEE SPECIFIED IN SECTION 1 WHO MAY BE CALLED UPON FOR JURY SERVICE IN ANY COURT OF THE UNITED STATES SHALL NOT RECEIVE ANY COMPENSATION FOR SUCH SERVICE.

SEC. 3. THERE SHALL BE CREDITED AGAINST THE AMOUNT OF COMPENSATION PAYABLE BY THE UNITED STATES TO ANY EMPLOYEE SPECIFIED IN SECTION 1 FOR SUCH PERIOD AS SUCH EMPLOYEE MAY BE ABSENT ON ACCOUNT OF JURY SERVICE IN THE COURT OF ANY STATE ANY AMOUNTS WHICH SUCH EMPLOYEE MAY RECEIVE FROM SUCH STATE ON ACCOUNT OF SUCH JURY SERVICE. ( ITALICS SUPPLIED.)

DURING THE ENTIRE PERIOD A FEDERAL OFFICER OR EMPLOYEE IS UNDER PROPER SUMMONS FROM A STATE OR FEDERAL COURT TO SERVE ON A JURY HE IS UNDER THE JURISDICTION AND CONTROL OF THE COURT WHICH HAS ISSUED THE SUMMONS TO HIM, AND IS NOT, DURING THAT PERIOD, STRICTLY UNDER THE JURISDICTION AND CONTROL OF THE ADMINISTRATIVE OFFICE IN WHICH HE IS EMPLOYED. THE CONTROLLING STATUTES SAVE TO HIM HIS SALARY AND AUTHORIZE THE GRANTING OF COURT OR JURY LEAVE OF ABSENCE FOR THE ENTIRE PERIOD HE IS UNDER THE JURISDICTION AND CONTROL OF THE COURT, THAT IS, DURING THE "TERM" OF JURY SERVICE WHICH TERM MAY BE DETERMINED AS FROM THE DATE STATED IN THE SUMMONS ON WHICH HE IS REQUIRED TO REPORT TO THE COURT, UNTIL HE IS DISCHARGED BY THE COURT.

ACCORDINGLY, QUESTION 1 IS ANSWERED IN THE AFFIRMATIVE, MAKING IT UNNECESSARY TO ANSWER QUESTIONS 2 AND 3.