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B-70371 1 (1976-07-13)

handle is hein.gao/gaobadcxg0001 and id is 1 raw text is: DECISION


FILE:   B-70371

MATTER OF:


DIGEST:


              OF  THE UNITED          STATES
              WASHINGTON, 0. C. 20549


                                 U  11w30
                    DATE:     JUL 13  1976

Jury Service Fees - Government Employees
in Federal Courts


1.  Computation of jury service fee payable to Federal
    Government employees whose period of jury service
    in Federal courts overlaps in part their normal work-
    day shall oe based on jury service fee of $20 pro-
    nated over standard 8-hour workday, that is $2.60
    for each hour of jury service outside hours
    employees  worked or would have worked but for
    jury service.  53 Comp. Gen. 407 (1973) modified.


         2.  In computing excess hours of jury service in
             Federal court over number of employee's working
             hours in day, fractional hours shall be rounded
             off, one-half hour or more being considered one
             hour.

         3.  When end of employee's scheduled workday coincides
             with beginning of Federal jury service, there is
             no necessity to prorate jury fee. Any travel
             time between duty station and court is to be con-
             sidered as court leave.

     The Deputy Director, Administrative Office of the United
States Courts, by letter of December 29, 1975, has requested
modification of our decision in 53 Comp. Gen. 407 (1973) con-
cerning the payment of jury fees to Federal employees on a
prorated basis when the hours of jury service in a Federal
court overlaps the employee's working hours and are in excess of
the hours the employee would be required to worz. We have been
requested to modify the method of computing the prorated fees so
as to eliminate certain administrative problems which have
resulted from implementation of the decision. In this connection
we have also been requested to determine how fractional hours are
to be treated in the computations and to advise whether proration
is required when the be4nning of the jury service coincides with
the end of the.employee's normal working hours but does not
overlap.

     In 53 Comp. Gen. 407, supra, we overruled prior decisions
which prohibited the payment of jury fees by Federal courts to
Federal employees where the period of jury duty overlapped any
portion of the employee's duty status period. In the cited deci-
sion, we held that an employee is entitled to a proportionate part
of the jury fee for each hour of jury service performed, in a
                                                  PUBLISHED DECISION
                                                  55 Comp.Gen.

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