5 U.S.C. § 6322 — Leave for jury or witness service; official

Page 816 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6321 strumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from em- ployment in Department or Coast Guard, that is not described in section 2105(c), to employment in non- appropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Pub. L. 101–508, set out as a note under section 2105 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. SUBCHAPTER II—OTHER PAID LEAVE § 6321. Absence of veterans to attend funeral services An employee in or under an Executive agency who is a veteran of a war, or of a campaign or expedition for which a campaign badge has been authorized, or a member of an honor or ceremo- nial group of an organization of those veterans, may be excused from duty without loss of pay or deduction from annual leave for the time nec- essary, not to exceed 4 hours in any one day, to enable him to participate as an active pallbearer or as a member of a firing squad or a guard of honor in a funeral ceremony for a member of the armed forces whose remains are returned from abroad for final interment in the United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 521.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 30q. Aug. 16, 1949, ch. 441, 63 Stat. 608. July 17, 1952, ch. 932, § 1, 66 Stat. 758. The words ‘‘Executive agency’’ are coextensive with and substituted for ‘‘executive branch of the Govern- ment’’ in view of the definition of ‘‘Executive agency’’ in section 105. Applicability to the General Accounting Office is based on former section 933a. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 6322. Leave for jury or witness service; official duty status for certain witness service (a) An employee as defined by section 2105 of this title (except an individual whose pay is dis- bursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) or an individual employed by the government of the District of Columbia is entitled to leave, without loss of, or reduction in, pay, leave to which he otherwise is entitled, credit for time or service, or performance of effi- ciency rating, during a period of absence with respect to which he is summoned, in connection with a judicial proceeding, by a court or author- ity responsible for the conduct of that pro- ceeding, to serve— (1) as a juror; or (2) other than as provided in subsection (b) of this section, as a witness on behalf of any party in connection with any judicial pro- ceeding to which the United States, the Dis- trict of Columbia, or a State or local govern- ment is a party; in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico or the Trust Ter- ritory of the Pacific Islands. For the purpose of this subsection, ‘‘judicial proceeding’’ means any action, suit, or other judicial proceeding, in- cluding any condemnation, preliminary, infor- mational, or other proceeding of a judicial na- ture, but does not include an administrative proceeding. (b) An employee as defined by section 2105 of this title (except an individual whose pay is dis- bursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) or an individual employed by the government of the District of Columbia is performing official duty during the period with respect to which he is summoned, or assigned by his agency, to— (1) testify or produce official records on be- half of the United States or the District of Co- lumbia; or (2) testify in his official capacity or produce official records on behalf of a party other than the United States or the District of Columbia. (c) The Office of Personnel Management may prescribe regulations for the administration of this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 522; Pub. L. 91–563, § 1(a), Dec. 19, 1970, 84 Stat. 1476; Pub. L. 94–310, § 1, June 15, 1976, 90 Stat. 687; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–70, title I, § 1251, Sept. 27, 1979, 93 Stat. 476; Pub. L. 104–186, title II, § 215(10), Aug. 20, 1996, 110 Stat. 1746; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(8), Sept. 23, 1996, 110 Stat. 2869.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 30n. June 29, 1940, ch. 446, § 1, 54 Stat. 689. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–201, in concluding provi- sions, substituted ‘‘Puerto Rico or’’ for ‘‘Puerto Rico,’’ and struck out ‘‘, or the Republic of Panama’’ after ‘‘Pacific Islands’’. Pub. L. 104–186 substituted ‘‘Chief Administrative Of- ficer’’ for ‘‘Clerk’’ in introductory provisions. Subsec. (b). Pub. L. 104–186 substituted ‘‘Chief Admin- istrative Officer’’ for ‘‘Clerk’’. Page 817 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6323 1 See References in Text note below 1979—Subsec. (a). Pub. L. 96–70 substituted ‘‘the Trust Territory of the Pacific Islands, or the Republic of Pan- ama’’ for ‘‘the Canal Zone, or the Trust Territory of the Pacific Islands’’. 1978—Subsec. (c). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commis- sion’’. 1976—Subsec. (a)(2). Pub. L. 94–310 substituted ‘‘other than as provided in subsection (b) of this section, as a witness on behalf of any party in connection with any judicial proceeding to which the United States, the Dis- trict of Columbia, or a State or local government is a party’’ for ‘‘as a witness on behalf of a party other than the United States, the District of Columbia, or a pri- vate party’’. 1970—Pub. L. 91–563 included witness service and offi- cial duty status for certain witness service in section catchline. Subsec. (a). Pub. L. 91–563 designated existing provi- sions as subsec. (a) and expanded such provisions to au- thorize leave for jury service in courts in the District of Columbia and in territories and possessions of the United States, to permit leave for persons summoned as witnesses in behalf of a party other than the United States, the District of Columbia, or a private party, de- fined ‘‘judicial proceeding’’, and excepted individuals whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives. Subsecs. (b), (c). Pub. L. 91–563 added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Rela- tions and Intercourse. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–310 effective Oct. 1, 1976, see section 4 of Pub. L. 94–310, set out as a note under section 4503 of Title 2, The Congress. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 6323. Military leave: Reserves, National Guard members, and certain members of the Space Force (a)(1) Subject to paragraph (2) of this sub- section, an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia, perma- nent or temporary indefinite, is entitled to leave without loss in pay, time, or performance or ef- ficiency rating for active duty, inactive-duty training (as defined in section 101 of title 37), fu- neral honors duty (as described in section 12503 of title 10 and section 115 of title 32), or engaging in field or coast defense training under sections 502–505 of title 32 as a Reserve of the armed forces, a member of the National Guard, or a member of the Space Force in space force active status (as defined in section 101(e)(1) of title 10) and not on sustained duty under section 20105 of title 10. Leave under this subsection accrues for an employee or individual at the rate of 20 days per fiscal year and, to the extent that it is not used in a fiscal year, accumulates for use in the succeeding fiscal year until it totals 20 days at the beginning of a fiscal year. (2) In the case of an employee or individual employed on a part-time career employment basis (as defined in section 3401(2) of this title), the rate at which leave accrues under this sub- section shall be a percentage of the rate pre- scribed under paragraph (1) which is determined by dividing 40 into the number of hours in the regularly scheduled workweek of that employee or individual during that fiscal year. (3) The minimum charge for leave under this subsection is one hour, and additional charges are in multiples thereof. (b) Except as provided by section 5519 of this title, an employee as defined by section 2105 of this title or an individual employed by the gov- ernment of the District of Columbia, permanent or temporary indefinite, who— (1) is a member of a Reserve component of the Armed Forces, as described in section 10101 of title 10, or the National Guard, as described in section 101 of title 32 or is a member of the Space Force in space force active status (as defined in section 101(e)(1) of title 10) and not on sustained duty under section 20105 of title 10; and (2)(A) performs, for the purpose of providing military aid to enforce the law or for the pur- pose of providing assistance to civil authori- ties in the protection or saving of life or prop- erty or the prevention of injury— (i) Federal service under section 331, 332, 333,1 or 12406 of title 10, or other provision of law, as applicable, or (ii) full-time military service for his State, the District of Columbia, the Common- wealth of Puerto Rico, or a territory of the United States; or (B) performs full-time military service as a result of a call or order to active duty in sup- port of a contingency operation as defined in section 101(a)(13) of title 10; is entitled, during and because of such service, to leave without loss of, or reduction in, pay, leave to which he otherwise is entitled, credit for time or service, or performance or efficiency rating. Leave granted by this subsection shall not exceed 22 workdays in a calendar year. Upon the request of an employee, the period for which an employee is absent to perform service de- scribed in paragraph (2) may be charged to the employee’s accrued annual leave or to compen- satory time available to the employee instead of being charged as leave to which the employee is entitled under this subsection. The period of ab- sence may not be charged to sick leave. (c) An employee as defined by section 2105 of this title or an individual employed by the gov- ernment of the District of Columbia, who is a member of the National Guard of the District of Columbia, is entitled to leave without loss in pay or time for each day of a parade or encamp- ment ordered or authorized under title 39, Dis-