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B-180813 1 (1976-08-13)

handle is hein.gao/gaobaddhx0001 and id is 1 raw text is: 'THE COMPTROZLLER GENERAL DECISIDN OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: DATE: AUG 1 31976 B-180813 MATTER OF: VA Hospital, Montrose, New York - Rescheduling of workweek for jury duty DIGEST: Employee of Veterans Administration Hospital was reqcuircd to work or per- form jury duty on 19 consecutive days. Union requests ruling requiring agen- cies to permit employees called for jury duty to be absent on weekends without charge to annual leave or loss of premium pay normally received by them for work on Saturdays and Sun- days. Decision in 54 Comp. Gen. 147 (1974) is reaffirmed that agencies are permitted but not required to resched- ule the work schedules of employees called for jury duty. The National President of the American Federation of Govern- ment Employees (AFGE), by letter of July 18, 1975, requests a ruling that an agency must reschedule the work schedules of employees called for jury duty so as to permit those employees to be absent on weekends without charge to annual leave and with- out loss of premium pay normally received by them for weekend work. The AFGE letter specifically describes the situation encoun- tered by an employee of the Veterans Administration Hospital in Montrose, New York, who was required to work 19 consecutive days on either jury duty or his regular job. On January 2, 1975, the employee advised his superiors that he had been summoned for jury duty for the period January 13 to January 24, 1975. The Supervisory Cook who made up the employee's work schedule was cognizant of the employee's jury duty requirement and thus scheduled him to work Monday through Friday which would coincide with his jury duty service and give him Saturday and Sunday as his days off. However, the Service Chief, who was the Supervisory Cook's superior, interceded and rearranged the schedule. She ordered the employee's schedule changed so that his days off would be Monday and Tuesday. and he would be required to work Saturday and Sunday. This scheduling required that the employee, for the 19 consecutive days from January 8 to January 26, either work or perform jury service.

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