The District government is committed to providing support to employees in fulfilling their civic duties. This issuance provides additional information about the various leave entitlements available to employees who are summoned to witness or jury service.

When a court or administrative tribunal summons a District government employee to appear and provide testimony or to produce evidence in any judicial or administrative proceeding, the leave options available to the employee depend on the nature of the proceeding and the capacity in which the employee is appearing.  

Judicial or administrative proceeding in which the District of Columbia, the United States, or another state or local government is a party.

An employee may be eligible to receive either their regular pay or court leave in these types of proceedings.

• If the employee is to appear in their official capacity as a District government employee, they are considered to be on District government duty. As such, they may be entitled to receive their regular pay and reimbursements for any incurred travel expenses in accordance with Chapter 40.
  • If it is unclear whether the employee will be providing testimony or producing evidence in their official capacity or personal capacity, the agency head shall contact the judicial or administrative body issuing the summons for clarification.  
• If the employee is to appear in their personal capacity, they shall receive paid court leave for time they spend providing testimony or producing evidence when a court or administrative tribunal summons them to appear and provide testimony or to produce evidence in any proceeding where the District of Columbia, the United States, or another state or local government is a party.  

Proceeding in which neither the District of Columbia, the United States, nor another state or local government is a party.

Employees must use their own annual leave or compensatory time or be placed in a leave without pay status as appropriate in these types of proceedings. Employees are not eligible to receive paid court leave for providing testimony or producing evidence in such proceedings.

Employees are entitled to receive court leave for the duration of any service as a grand juror or petit juror in any jurisdiction, including time spent pursuant to a summons to appear for such service. This entitlement applies whether the employee is actually selected to serve on such jury or juries.

Court leave is an authorized absence from work without loss of or reduction in pay, loss of leave, or loss of credit for time or service. Court leave shall be granted whenever an eligible employee is summoned to perform jury service or witness service. Court leave is granted only for the period actually spent in jury or witness service, plus reasonable travel time. If an employee on court leave is excused from jury or witness service for half or more of a workday, agency heads, at their discretion, may require the employee to return to duty or use their own annual leave or compensatory time, or have the employee placed in a leave without pay status for the remainder of the day.

Agencies shall not require an employee to return to duty if they would be unable to perform a substantial part of a day's duty upon their return, or if the employee was assigned to a night shift.

Under District regulations, court leave may be used on a substituted basis under certain circumstances. This includes employees who are on annual leave generally or on annual leave under an advance notice of separation due to a reduction in force when they are summoned to perform jury or witness service. Additionally, an employee who is a successful plaintiff in an action against the District government brought under the Civil Rights Act of 1964, and who used annual leave, compensatory time, or leave without pay shall be made whole by substituting court leave for any leave or compensatory time used or forfeited.

Prohibitions

Employees are not eligible to receive court leave for criminal proceedings in which the employee is a named defendant, or for proceedings in a civil action where the employee is a party. Employees are also not eligible for court leave if the employee, a relative of an employee, or private entity in which the employee has a financial interest, is the initiator of a judicial proceeding. Employees involved in these types of proceedings may take annual leave, compensatory time, or leave without pay, as appropriate.

Documentation

Eligibility for court leave is dependent on the employee being officially “summoned” by a court or other authority responsible for the conduct of the proceedings. An official “summons” is not limited to a subpoena, and includes any official request, invitation, or call, as evidenced by an official writing from the court or authority responsible for the conduct of the proceeding. Employees whose court appearances are strictly voluntary and not mandated by an official request are not eligible for court leave coverage.

Upon return to duty, the agency head may require the employee to certify to, or submit written evidence of, the dates and, if possible, the hours of the jury or witness service performed. Acceptable forms of written evidence should be communicated to the employee prior to the employee taking court leave.

Jury or Witness Fees

Employees are only required to turn over witness or jury fees received if they have been approved for court leave. Employees who used their own annual leave or compensatory time or have been placed in a leave without pay status while on witness or jury service may retain all witness or jury fees received.

As court leave compensates employees who, if not serving as a juror or witness, would have been on duty or in a paid leave status at the time of their service, such employees on approved court leave are generally not entitled to retain jury or witness fees and must turn over any such fees received to their agencies. Exceptions include:

1. When a court’s rules define its fees as payment for travel and meals, or otherwise as reimbursement for expenses;
2. When an employee performs jury or witness service on a holiday and would have otherwise been excused from their regular duties on that holiday; and
3. When the jury or witness fee exceeds the amount the employee receives from the District as compensation. In this instance any excess compensation may be retained by the employee.

1. Court Leave, 6-B DCMR § 1263
2. Jury Service, 6-B DCMR § 1264
3. Witness Service, 6-B DCMR § 1265