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B-214719 1 (1984-06-25)

handle is hein.gao/gaobadlti0001 and id is 1 raw text is: tT%.t COMPTROLLan UNNAL OECISION .l. 0P THN UNITED STATES WASHINGTON. 0. C. 20546 FILE: B-214719 DATE: June 25, 1984 MATTER OF: Court Leave DIGEST: Employee summoned to appear on several occasions in juvenile court proceedings in Pennsylvania concerning her son requests court leave under 5 U.S.C. S 6322. The employee is not entitled to court leave since she was summoned as a party to the proceed- ings under a Pennsylvania statute which provides that the court shall summon the parents, guardian, or custodian, and any other persons as appear to the court to be proper or necessary parties to the proceeding. The matter presented to us by the Defense Logistics Agency is whether an employee of the Defense Industrial Supply Center is entitled to court leave in connection with her attendance under subpoena at a juvenile court proceeding involving her son.1 The employee is not entitled to court leave under 5 U.S.C. § 6322 since she was summoned to court proceedings in her capacity as the juvenile's parent as a party to the proceedings. The employee was absent from work on November 14, and 23, 1983, and on December 2, and 13, 1983, in connection with her attendance in juvenile court at hearings for her son charged with being delinquent. In connection with these absences the employee has requested that she be granted a total of 32 hours of court leave. The agency advises that it has not granted the requested court leave since there is some doubt as to whether the employee was in fact summoned as a witness for purposes of the court leave provisions. The subpoena issued by the Court of Common Pleas of Philadelphia, Family Division, for the hearing dated November 14, 1983, does not mention the employee by name. The block on that subpoena which denotes the charge states 1 The request for an advance decision is presented by Mr. R. J. Fitzgerald, Comptroller, Headquarters, Defense Personnel Support Center, Defense Logistics Agency, Philadelphia, Pennsylvania.

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