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B-195915 1 (1980-03-04)

handle is hein.gao/gaobadiba0001 and id is 1 raw text is: DECISION FILE: B-195915 MATTER OF: DIGEST: THE COMPTROLLER GENERALL OF THE UNITED STATE8 4 \WASHINGTON, .C. 20548 DATE: March 4, 1980 Wilma Pasake ourt Leave - intiff Although not entitled to court leave authorized by 5 U.S.C. § 6322 which is limited to jurors and certain summoned witnesses, prevailing plaintiff in civil action in U.S. District Court against employing Federal agency based on sex discrimination under the Civil Rights Act of 1964, as amended, is entitled to official time for attendance at trial and should not be charged annual leave or leave without pay. 4- *Mr. Bernard F. McCullough, Finance and Accounting Officer, O U.S. Army Armament Research and Development Command, has p, requested a decision as to the entitlement of Mrs. Wilma Pasake, *an employee of the Command, to court leave. Mrs. Pasake brought a civil action for sex discrimination against her employing agency in a U.S. District Court under the provisions of section 717(c) of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-16(c)). Judgment was entered in her favor and she was awarded a retroactive promotion with backpay and attorney fees. Mrs. Pasake was charged annual leave for 6 days in February 1979 during which she attended the trial as the plaintiff in this action. She has requested that this charge be changed to administrative or court leave. Court leave, as that term is generally used, refers to leave authorized by subsection 6322(a) of title 5, United States Code. This subsection provides that a Federal employee is entitled to leave, without loss of or reduction in pay or leave to which he is otherwise entitled, when in response to a summons in connection with a judicial proceeding he serves: (1) as a juror, or (2) except as provided in subsection 6322(b), as a witness on behalf of any party when the United States, the District of Columbia, or a state or local government is a party to the proceeding. Subsection 6322(b) provides that an employee lmo'5

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