5 U.S.C. § 6322 — Leave for jury or witness service; official duty status for certain witness service
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 341 words · no verdicts yet
Certain Federal and District of Columbia employees receive protected leave for jury service and qualifying testimony in judicial proceedings. Testimony or records provided in specified official capacities count as official duty instead.
(a) A section 2105 employee, except one paid by the Senate Secretary or House Chief Administrative Officer, or a District of Columbia employee is entitled to leave without loss of pay, other leave, time or service credit, or performance rating when summoned for (1) jury service or (2) qualifying testimony for a party where the United States, District, State, or local government is a party, in the listed United States jurisdictions. “Judicial proceeding” means an action, suit, or other judicial proceeding, including condemnation, preliminary, informational, or other judicial-nature proceedings, but not an administrative proceeding; this section does not define it otherwise. (b) The same employee is on official duty when summoned or agency-assigned to (1) testify or produce official records for the United States or District, or (2) testify officially or produce records for another party. (c) OPM may issue administrative regulations.
An employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) or an individual employed by the government of the District of Columbia is entitled to leave, without loss of, or reduction in, pay, leave to which he otherwise is entitled, credit for time or service, or performance of efficiency rating, during a period of absence with respect to which he is summoned, in connection with a judicial proceeding, by a court or authority responsible for the conduct of that proceeding, to serve—
as a juror; or
other than as provided in subsection (b) of this section, as a witness 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;
in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico or the Trust Territory of the Pacific Islands. For the purpose of this subsection, “judicial proceeding” means any action, suit, or other judicial proceeding, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding.
An employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) or an individual employed by the government of the District of Columbia is performing official duty during the period with respect to which he is summoned, or assigned by his agency, to—
testify or produce official records on behalf of the United States or the District of Columbia; or
testify in his official capacity or produce official records on behalf of a party other than the United States or the District of Columbia.
The Office of Personnel Management may prescribe regulations for the administration of this section.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 522; Pub. L. 91–563, § 1(a), Dec. 19, 1970, 84 Stat. 1476; Pub. L. 94–310, § 1, June 15, 1976, 90 Stat. 687; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–70, title I, § 1251, Sept. 27, 1979, 93 Stat. 476; Pub. L. 104–186, title II, § 215(10), Aug. 20, 1996, 110 Stat. 1746; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(8), Sept. 23, 1996, 110 Stat. 2869.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 522
- 1970Amended · Pub. L. 91-563 · 84 Stat. 1476
- 1976Amended · Pub. L. 94-310 · 90 Stat. 687
- 1978Amended · Pub. L. 95-454 · 92 Stat. 1224
- 1979Amended · Pub. L. 96-70 · 93 Stat. 476
- 1996Amended · Pub. L. 104-186 · 110 Stat. 1746
- 1996Amended · Pub. L. 104-201 · 110 Stat. 2869
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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