B-12011, OCTOBER 1, 1940, 20 COMP. GEN. 181

B-12011, OCTOBER 1, 1940, 20 COMP. GEN. 181

LEAVES OF ABSENCE - JURY SERVICE THE "TERM" OF JURY SERVICE FOR WHICH A GOVERNMENT EMPLOYEE IS ENTITLED TO COURT OR JURY LEAVE OF ABSENCE WITH PAY UNDER THE ACT OF JUNE 29, 1940, DOES NOT INCLUDE PERIODS DURING WHICH THE EMPLOYEE IS EXCUSED OR DISCHARGED BY THE COURT EITHER FOR AN INDEFINITE PERIOD SUBJECT TO CALL BY THE COURT OR FOR A DEFINITE PERIOD IN EXCESS OF 1 DAY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, OCTOBER 1, 1940:

I HAVE YOUR LETTER OF SEPTEMBER 21, 1940, AS FOLLOWS:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 6, 1940 (B12011), ADDRESSED TO THE FEDERAL WORKS ADMINISTRATOR, CONCERNING THE ACT OF CONGRESS APPROVED AUGUST 22, 1935, 49 STAT. 682, WHICH RELATES TO THE PAY AND LEAVE STATUS OF CERTAIN GOVERNMENT EMPLOYEES CALLED FOR JURY SERVICE.

IT FREQUENTLY HAPPENS THAT EMPLOYEES OF THE POSTAL SERVICE ARE CALLED FOR JURY DUTY EXTENDING OVER A PERIOD OF MANY MONTHS AND ARE FROM TIME TO TIME EXCUSED FROM JURY DUTY DURING THE TERM FOR WHICH THEY ARE CALLED WITH THE UNDERSTANDING THAT THEY ARE SUBJECT TO CALL, AND IN OTHER CASES THEY ARE EXCUSED TO REPORT BACK TO JURY DUTY AT SOME DEFINITE FUTURE DATE.

THE QUESTION ARISES AS TO WHETHER EMPLOYEES WHO ARE NOT REQUIRED TO REPORT FOR THE DAYS ON WHICH THEY ARE EXCUSED FROM JURY DUTY ARE ENTITLED TO LEAVE OF ABSENCE WITH PAY.

IT IS REQUESTED THAT YOU RENDER A RULING COVERING THE QUESTION PRESENTED.

THE GENERAL RULE WAS STATED IN DECISION OF SEPTEMBER 6, 1940, B 12011, AS FOLLOWS:

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.

WHERE AN EMPLOYEE IS SUMMONED FOR JURY DUTY FOR AN EXTENDED TERM AND IS EXCUSED OR DISCHARGED BY THE COURT DURING SUCH TERM FOR AN INDEFINITE PERIOD SUBJECT TO CALL BY THE COURT OR FOR A DEFINITE PERIOD IN EXCESS OF 1 DAY, THE "TERM" OF SUCH JURY SERVICE MENTIONED IN THE ACT OF JUNE 29 1940, FOR WHICH THE STATUTE AUTHORIZES THE GRANTING OF LEAVE OF ABSENCE WITH PAY, IS REGARDED AS HAVING BEEN CURTAILED OR REDUCED BY THE COURT TO THE EXTENT OF THE DAYS FOR WHICH THE COURT HAS EXCUSED OR DISCHARGED THE EMPLOYEE FROM JURY SERVICE, AND FOR SUCH DAYS COURT OR JURY LEAVE OF ABSENCE WITH PAY IS NOT AUTHORIZED.