[Question Concerning Entitlement to Court Leave for Jury Service]

GAO was requested to determine if a Veterans Administration (VA) employee was entitled to court leave for a period during which he performed jury service. The employee maintained a legal residence in a different location from his permanent duty station and was summoned for jury duty at the residence location. Because the employee also maintained a residence near his duty station, VA contacted the jurisdiction that had summoned him and ascertained that he could be excused since he maintained a residence in both locations. The employee subsequently performed jury service and failed to advise the court of the circumstances which would permit his dismissal. VA contended that the employee was not entitled to court leave because: (1) he was not required to perform jury service; and (2) he did not perform jury service on the last day for which he claimed leave. GAO held that: (1) the employee maintained legal residences in both locations; (2) the employee's failure to advise the court of his status did not defeat his entitlement to court leave; and (3) because of the great distance involved, it would have imposed a hardship on the employee to require him to return to duty the day after he completed his jury service. Accordingly, the employee was allowed the claimed amount of court leave.