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B-225915 1 (1987-03-23)

handle is hein.gao/gaobadmqj0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- Court Leave to Accompany Child to Judicial Proceeding File: B-225915 Date: March 23, 1987 DIGEST Court leave authorized by 5 U.S.C. § 6322 to employees serving as witnesses is limited to the time required by an employee to appear personally as a witness or a juror. Consequently, this statutory provision does not permit court leave to an employee required to accompany her 10-year-old son who was a witness at a Federal grand jury proceeding. DECISION An employee of the United States Merit Systems Protection Board was absent from work in order to accompany her 10-year- old son to a grand jury proceeding because he could not travel there alone and she was the only responsible person available to accompany him. Her son was subpoenaed to appear as a witness before the grand jury. We are advised that the employee was given a witness form but was not paid a witness fee. Further, the employee, as well as an Assistant U.S. Attorney, believes she should be granted court leave since the employee is the only person responsible for the minor child. We are asked whether the agency should charge her annual leave for the absence from work when accompanying her son, or whether it may grant her court leave without loss of pay.l/ DISCUSSION The statute generally applicable to court leave for Federal employees is15 U.S.C. § 6322. It provides that an employee is entitled to leave, without loss of, or reduction in pay, or leave to which the employee otherwise is entitled when in I/ The Acting General Counsel, U.S. Merit Systems Protection Board, requested our decision on the question. r -\--< p -1%-4-

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