3 FAM 3450
COURT LEAVE
(CT:PER-921; 09-14-2018)
(Office of Origin: HR/ER/WLD)
3 FAM 3451 AUTHORITY
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
5 U.S.C. 6322
5 U.S.C. 5515
5 U.S.C. 5527
5 U.S.C. 5751
3 FAM 3452 GENERAL
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
Court leave is the authorized absence, without charge to
annual leave or loss of compensation, of an employee from official duty for
jury duty or for appearance as a witness in a nonofficial capacity on behalf of
any party in any judicial proceeding to which the United States, the District
of Columbia, or a State or local government is a party.
3 FAM 3453 POLICY
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
a. In view of the importance of trial by jury as an
American system of justice, State, USAID, U.S.
Agency for Global Media (USAGM), Commerce and Agriculture, as a matter
of policy, will not ask that their employees be excused from jury duty, except
in cases of real necessity. Such a policy does not prohibit the employee from
requesting an exemption for compelling personal reasons on the employees own
initiative.
b. An employee who is under proper summons from a State
or Federal court to serve on a jury must be granted court leave of absence with
pay for the entire period, from the date stated in the summons on which the
employee is required to report to the court to the time the employee is
discharged by the court, regardless of the number of hours per day or days per
week the employee actually serves on the jury during the period. However, the
term of the jury service does not include time during which the employee is
excused or discharged by the court for any indefinite period subject to call by
the court or for a definite period in excess of one day.
3 FAM 3454 ELIGIBILITY
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
a. Court leave for jury duty may be granted to any
full-time or part-time employee (this does not include intermittent employees).
b. Part-time employees called into jury service during
their tour of duty may receive the compensation of their position without
charge to annual leave. The employee may receive a jury fee for those hours of
jury service that do not entitle the employee to court leave.
c. A night shift employee who performs court service
during the day will be granted court leave for regularly scheduled night tour
of duty and is entitled to the night differential.
3 FAM 3455 USE OF ANNUAL LEAVE
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
a. If an employee is on annual leave when called for
jury service, court leave must be substituted. An employee cannot substitute
annual leave for court leave to avoid forfeiture of annual leave.
b. An employee on annual leave under advance notice of
separation from service due to reduction-in-force and who is summoned as a
juror, is entitled to have otherwise proper court leave substituted for annual
leave but not to extend beyond the date administratively fixed for separation.
3 FAM 3456 PAY STATUS REQUIREMENTS
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
Court leave is available only to an employee who, except
for jury duty, would be on duty or on leave with pay. Employees on leave
without pay status who are called to jury duty may receive the per diem
allowance for each days attendance in court and for the time necessary to
travel to and from court.
3 FAM 3457 INTERIM EXCUSE FROM JURY
DUTY
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
Where no hardship would result, an employee entitled to
court leave on account of jury service who is excused from jury duty for one
day or a substantial part of a day must return to duty during such period or be
charged annual leave. Return to duty should not cause a hardship to the
employee, for example, because of the distance of the court from the employees
residence or place of duty, the unavailability of public transportation during
non-rush hours, or the employees work schedule (e.g., night work). Telework
provides another option for return to duty for employees with a telework
agreement.
3 FAM 3458 JURY FEES
3 FAM 3458.1 State or Municipal
Court
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
a. If an employee is absent from regularly scheduled
duties to serve as a juror in a State or municipal court, the employee shall
collect all fees payable on account of the jury service and forward them to the
appropriate fiscal office; otherwise, payroll deductions will be made from due
compensation. The appropriate fiscal office will apply the jury fees received
by the employee against, but not to exceed, the pay that would otherwise be
payable to the employee for the period of absence on jury duty. The employee
is permitted to keep any excess of the jury fee over the amount of compensation
due.
b. An employee may retain any monies provided for
reimbursement for meals and transportation expenses.
3 FAM 3458.2 Regularly Scheduled
Workweek
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
An employee eligible for court leave may not accept jury
fees for service as a juror in a Federal or District of Columbia court where
the jury service is performed during the regularly scheduled administrative
workweek. Any fee collected for service must be reimbursed to the employing
agency.
3 FAM 3458.3 Nonworkdays
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
a. Full-time and part-time per annum employees who
perform jury service on a non-workday are entitled to retain the fees received
for such service.
b. The employee may accept and keep any allowances for
mileage and subsistence authorized by law to cover actual expenses incident to
the jury service. A per diem employee who performs jury duty in a State court
is entitled to retain jury fees, provided court service is performed on a non-workday
outside the employees regular tour of duty, for which non-workday a Federal
salary is not paid.
3 FAM 3458.4 Part-Time Employees
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
A part-time employee with a regularly scheduled tour of
duty who performs jury duty that does not conflict with hours of employment may
retain the usual fees for jury service. If, however, the part-time employee
performs jury service in a court of the United States during any of the hours
in which the part-time employee is in a pay status in a Federal position, the
part-time employee may not accept payment of any jury fees for that day.
3 FAM 3458.5 Holiday
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
Fees for jury service on a holiday falling within the
employees basic tour of duty may be retained by the employee, provided that,
had the employee not been on jury duty, he or she would have been excused from
regular duties on the holiday.
3 FAM 3458.6 Leave Without Pay
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
An employee who is in leave without pay status when called
for jury service, either in Federal or State court, may retain jury fees and
per diem allowed for each day's attendance in court and for the time
necessarily occupied in going to and from the court.
3 FAM 3459 WITNESSES
3 FAM 3459.1 Witness on Behalf of
the United States
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
Regular and temporary full-time or part-time employees
(but not substitute or intermittent employees) are granted court leave and paid
their regular salaries during periods of necessary absence while serving as
witnesses for the United States.
3 FAM 3459.2 Witness in Official
Capacity
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
When an employee is called as a court witness in an
official capacity, whether on behalf of the U.S. Government or a private party,
the employee is in an official duty status and entitled to regular
compensation, including any overtime, without regard to any entitlement to
court leave. Witnesses in their official capacity are also entitled to
callback overtime for any travel performed outside of the basic 40-hour
workweek to pick up evidence from headquarters to be produced in court. See 22
CFR Part 172, response to subpoenas.
3 FAM 3459.3 Witness in
Compensation Claims
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
Any employee who is required to appear as a party or a
witness in the prosecution of third-party compensation claims is an active duty
employee while so engaged.
3 FAM 3459.4 Witness in
Nonofficial Capacity
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
When an employee appears as a witness in a nonofficial
capacity on behalf of any party in connection with any judicial proceeding to
which the United States, the District of Columbia, or a State or local
government is a party, the employee shall be granted court leave. The
employees regular salary is paid during the time the employee is absent as a
witness.
3 FAM 3459.5 Nongovernment Witness
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
When an employees appearance in court as a witness is not
on behalf of any party in connection with a judicial proceeding to which the
United States, the District of Columbia, or a State or local government is a
party, and not in an official capacity, any absence from duty must be charged
to either annual leave or leave without pay.
3 FAM 3459.6 Fees
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps/USDA)
(Applies to Foreign Service and Civil Service Employees)
a. An employee who serves as a witness on behalf of the
United States, the Government of the District of Columbia, or a State or local
government, shall be paid the employees regular salary, and the time served as
a witness cannot be deducted from the employees annual leave. The employee
shall not be paid witness fees when serving in such a capacity whether the
court is in or outside the District of Columbia. Employees shall not be paid
witness fees when serving in such a capacity or when testifying in a judicial
proceeding to which any one of the above governments is a party. However, an
employee shall receive travel expenses and per diem in lieu of subsistence
expenses when serving as a witness on behalf of one of the above governments.
b. An employee who is called as a witness for the
United States, the District of Columbia or a State or local government while
absent from his or her duties on leave without pay for the entire period he or
she serves as a witness, may accept and retain witness fees.
c. An employee who testifies in his or her official
capacity on behalf of a party other than the U.S. or District of Columbia
governments is required to collect the authorized witness fees and allowances
for expenses of travel and subsistence. All amounts so collected above the employees
actual expense must be paid to the employing agency and deposited as
miscellaneous receipts.