US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 6322

Leave for jury or witness service; official duty status for certain witness service

(a)
section 2105 of this title An employee as defined by (except an individual whose pay is disbursed 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 efficiency rating, during a period of absence with respect to which he is summoned, in connection with a judicial proceeding, by a court or authority responsible for the conduct of that proceeding, 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 proceeding to which the United States, the District of Columbia, or a State or local government 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 Territory of the Pacific Islands. For the purpose of this subsection, “judicial proceeding” means any action, suit, or other judicial proceeding, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding.
(b)
section 2105 of this title An employee as defined by (except an individual whose pay is disbursed 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 behalf of the United States or the District of Columbia; 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. 89–55480 Stat. 522Pub. L. 91–563, § 1(a)84 Stat. 1476Pub. L. 94–310, § 190 Stat. 687Pub. L. 95–454, title IX, § 906(a)(2)92 Stat. 1224Pub. L. 96–70, title I, § 125193 Stat. 476Pub. L. 104–186, title II, § 215(10)110 Stat. 1746Pub. L. 104–201, div. C, title XXXV, § 3548(a)(8)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 definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

Pub. L. 104–2011996—Subsec. (a). , in concluding provisions, 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 Officer” for “Clerk” in introductory provisions.

Pub. L. 104–186Subsec. (b). substituted “Chief Administrative Officer” for “Clerk”.

Pub. L. 96–701979—Subsec. (a). substituted “the Trust Territory of the Pacific Islands, or the Republic of Panama” for “the Canal Zone, or the Trust Territory of the Pacific Islands”.

Pub. L. 95–4541978—Subsec. (c). substituted “Office of Personnel Management” for “Civil Service Commission”.

Pub. L. 94–3101976—Subsec. (a)(2). 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 District 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 private party”.

Pub. L. 91–5631970— included witness service and official duty status for certain witness service in section catchline.

Pub. L. 91–563Subsec. (a). designated existing provisions as subsec. (a) and expanded such provisions to authorize 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, defined “judicial proceeding”, and excepted individuals whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives.

Pub. L. 91–563Subsecs. (b), (c). added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1979 Amendment

Pub. L. 96–70section 3304 of Pub. L. 96–70section 3601 of Title 22Amendment by effective , see , set out as an Effective Date note under , Foreign Relations and Intercourse.

Effective Date of 1978 Amendment

Pub. L. 95–454section 907 of Pub. L. 95–454section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–310section 4 of Pub. L. 94–310section 4503 of Title 2Amendment by effective , see , set out as a note under , The Congress.

Executive Documents

Termination of Trust Territory of the Pacific Islands

section 1681 of Title 48For termination of Trust Territory of the Pacific Islands, see note set out preceding , Territories and Insular Possessions.