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Jury Duty Laws by State (2024)

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Find Your State Jury Duty Laws

What is Jury Duty?

Jury duty is a civic obligation and legal requirement for eligible U.S. citizens to serve as jurors in court cases when summoned. By serving on a jury, citizens contribute to the judicial process, ensuring that legal decisions are made by a group of impartial peers rather than solely by judges. This process upholds one of the fundamental principles of the U.S. justice system: the right to a fair trial.

When individuals receive a jury summons, they are asked to participate in the selection process for trials. While not every potential juror is selected, all citizens are legally required to attend jury duty when called unless they qualify for an exemption. Skipping jury duty without a valid excuse can result in legal penalties, including fines or even jail time.

Beyond its legal mandate, jury duty serves as an opportunity for citizens to play a direct role in upholding justice in their communities. By participating in the deliberation of cases, jurors help safeguard the rights of individuals and ensure that the rule of law is upheld.

Overview of How Jury Duty Works Across the United States

The process of jury duty can vary slightly from state to state, but the basic steps remain consistent throughout the country. Individuals are selected for potential jury duty from voter registration records, driver’s license lists, or other state databases. Once summoned, individuals must report to the courthouse where the jury selection process begins.

The selection process involves screening potential jurors through questionnaires and interviews by both attorneys and the judge. The goal is to ensure that jurors can remain impartial and fair throughout the trial. After the final selection, the chosen jurors are sworn in to hear the case and ultimately deliberate on the verdict. Most jury duty assignments last a few days, though in more complex cases, jurors could be required to serve for weeks or even months.

State Mandated Jury Duty Pay Bar Using PTO Notes
Alabama YES YES Full pay for full-time employees. Small employers (10 or fewer staff) can request a postponement if 2 or more employees are summoned. Employees must return to work after release from court.
Alaska NO NO
Arizona NO YES
Arkansas NO YES
California NO NO
Colorado YES NO Employers must pay up to $50 per day for the first 3 days of jury duty.
Connecticut YES NO Private employers must provide full pay for the first 5 days; public employers pay up to $50 after 5 days.
Delaware NO NO
District of Columbia YES NO Employers with 11+ employees must pay full-time staff for the first 5 days, minus court payments.
Florida – Broward County YES NO Employers must pay full salary minus court payments. Employees are entitled to up to 5 days of leave.
Florida – Miami-Dade County YES NO Companies with 10+ employees must pay full salary minus court payments.
Georgia YES NO Employers must pay regular wages minus court payments.
Hawaii NO NO
Idaho NO NO
Illinois NO NO
Indiana NO YES Small employers (10 or fewer) can request a postponement if 2 or more employees are summoned for jury duty.
Iowa NO NO
Kansas NO NO
Kentucky NO NO
Louisiana YES YES Full pay required for the first day of jury service.
Maine NO NO
Maryland NO NO
Massachusetts YES NO Private employers must provide full pay for the first 3 days; public employers pay up to $50 per day after 3 days.
Michigan NO NO
Minnesota NO NO
Mississippi NO YES
Missouri NO YES
Montana NO NO
Nebraska YES YES Full pay required for all employees. Reasonable notice must be provided.
Nevada NO YES Employees cannot be required to work within 8 hours of jury service or between 5:00 p.m. and 3:00 a.m. if jury duty lasts over 4 hours.
New Hampshire NO NO
New Jersey NO NO
New Mexico NO YES
New York YES NO Employers with 10+ employees must pay the first $40 per day for the first 3 days of jury duty. The state pays $40/day for subsequent days.
North Carolina NO NO
North Dakota NO NO
Ohio NO YES
Oklahoma NO YES
Oregon NO NO Pay required if specified by company policy.
Pennsylvania NO NO
Rhode Island NO NO Pay required if specified by contract or collective bargaining.
South Carolina NO NO
South Dakota NO NO
Tennessee YES NO Employers with 5+ employees must provide full pay for staff employed for at least 6 months. Court payments may be deducted at the employer's discretion.
Texas NO NO
Utah NO YES
Vermont NO YES
Virginia NO YES Employees must give reasonable notice. Staff cannot be required to work between 5:00 p.m. and 3:00 a.m. if jury duty lasts over 4 hours.
Washington NO NO
West Virginia NO NO
Wisconsin NO NO
Wyoming NO NO

‘Pro-Tip’

Implement an Automated Absence Tracker: Use an automated HR system to track employee absences for jury duty. This ensures accurate record-keeping and helps avoid compliance issues when managing multiple jury duty leaves.

The Jury Duty Process

Jury duty is an essential part of the U.S. legal system, providing citizens the opportunity to participate in the administration of justice. The process is carefully structured to ensure fairness and impartiality, starting from the selection of potential jurors to the delivery of a verdict. Below is a detailed breakdown of each stage of the jury duty process.

Summoning Potential Jurors

The first step in the jury duty process is the selection of potential jurors from a pool of eligible citizens. Most states compile their jury pools from various public records, such as voter registration lists, driver’s license databases, and state identification records. Some states may also use other government databases, such as tax records, to ensure a diverse cross-section of the population is available for jury duty.

The method of summoning potential jurors can vary slightly from state to state. For example:

Once the pool is established, potential jurors are randomly selected and issued a jury summons, which is typically sent via mail. The summons includes details about when and where the individual must report for jury duty. Failure to respond to a summons can result in legal penalties, including fines or contempt of court.

Jury Selection Procedure

Once potential jurors arrive at the courthouse, the selection process, known as “voir dire,” begins. This is a critical phase designed to determine which individuals are suitable to serve as impartial jurors for the specific case.

  1. Questionnaires
    Upon arrival, potential jurors may be asked to fill out a questionnaire. This form gathers basic information, such as:

    • Personal demographics (age, occupation, etc.)
    • Prior jury duty experience
    • Any potential biases, conflicts of interest, or reasons for inability to serve (e.g., health issues, financial hardship)

    The questionnaire helps attorneys and judges screen potential jurors more efficiently before direct questioning begins.

  2. Jury Box Seating
    After completing the questionnaire, a smaller group of potential jurors is called into the courtroom and seated in the jury box. This group is usually larger than the number of jurors ultimately required, allowing the attorneys and the judge to narrow down the selection.

  3. Attorney Questioning (Voir Dire)
    The attorneys for both the defense and prosecution, along with the judge, will then question the potential jurors. The goal is to identify any biases or preconceived notions that could affect a juror’s impartiality. Typical questions focus on:

    • Personal experiences that might relate to the case (e.g., previous encounters with law enforcement, involvement in similar legal matters)
    • Political or social beliefs that could influence their decision-making process
    • Relationships or connections with anyone involved in the case (e.g., the defendant, the attorneys)

    During this process, each attorney has the right to make “challenges” to exclude certain individuals from serving on the jury:

    • Peremptory Challenges: Allow an attorney to dismiss a potential juror without providing a reason, though these challenges are limited in number.
    • Challenges for Cause: Attorneys can request the removal of a juror if they believe the person has a clear bias or inability to serve impartially. There is no limit on the number of challenges for cause.

  4. Final Juror Selection
    Once questioning is complete, the attorneys and judge will agree on the final jury panel. The number of jurors required depends on the type of case:

    • Criminal Cases: Typically require 12 jurors.
    • Civil Cases: May only require 6-8 jurors, depending on the jurisdiction.


    Once selected, jurors are sworn in and instructed by the judge on their responsibilities and the general structure of the trial.

Duration of Jury Duty

The length of jury duty can vary widely depending on the complexity of the case and the state in which the trial is held. In some states, like Massachusetts, most jury duties last between one and three days. However, more complex cases, especially criminal trials, can extend for weeks or even months.

Each state has its own rules governing how long a citizen can be asked to serve:

  • Short-Term Jury Duty: In states like New Jersey, jurors often serve for just a single day unless they are selected to serve on a trial.
  • Long-Term Jury Duty: In more complex cases, such as lengthy criminal trials or federal cases, jurors could be required to serve for several weeks, with some trials even involving sequestration, where jurors are isolated for the trial’s duration.

Once a person completes jury duty, they are typically exempt from being summoned again for a specified period, often between one and three years.

Responsibilities of Jurors

Serving as a juror is a serious responsibility. Once selected, jurors are expected to remain impartial and attentive throughout the trial. Their duties include:

  1. Listening to Evidence and Testimony
    During the trial, jurors must carefully listen to all evidence presented by both the prosecution and the defense. This includes testimonies from witnesses, expert opinions, physical evidence, and any other relevant materials. Jurors are prohibited from conducting independent investigations or researching the case outside the courtroom.

  2. Deliberation
    After both sides have presented their arguments and the judge has given the jury specific instructions, jurors retire to the deliberation room. Here, they discuss the case in private, weighing the evidence and arguments. The jury’s role is to reach a verdict based solely on the facts of the case, not personal biases or external influences.

  3. Reaching a Verdict
    The jury must decide the outcome of the case by determining whether the prosecution has proven guilt (in criminal cases) or whether the plaintiff has sufficiently demonstrated liability (in civil cases). In most criminal cases, the jury’s decision must be unanimous, meaning all jurors must agree on the verdict. In civil cases, some states allow for non-unanimous decisions, where a majority of jurors can render a verdict.

  4. Post-Verdict
    Once the jury has reached a verdict, they return to the courtroom, and the verdict is read aloud. In some cases, jurors may be asked to explain their reasoning behind the decision, particularly in high-profile or public cases.

‘Pro-Tip’

Offer Flexible Working Hours for Jurors: If possible, allow employees to work flexible hours around their jury duty obligations. This can help balance productivity while also supporting their civic duty.

Federal Laws on Jury Duty

Fair Labor Standards Act (FLSA) Overview

The Fair Labor Standards Act (FLSA) is the primary federal law that governs many aspects of employment in the United States, such as minimum wage, overtime pay, and recordkeeping. However, when it comes to jury duty, the FLSA provides minimal guidance. Federal law does not mandate that employers provide paid leave for employees who are called to serve on a jury. This means that employees summoned for jury duty are not guaranteed compensation or benefits for the time they spend away from work.

According to the FLSA:

  • No Paid Leave Requirement: Employers are not required by federal law to pay employees for the time they miss due to jury duty. Employees who serve may not be compensated for the hours spent away from their job unless state laws or employer policies provide for it.
  • Leave Entitlement: While the FLSA does not address jury duty leave specifically, employees are typically entitled to take unpaid leave to fulfill their jury duty responsibilities. Employees cannot be terminated or penalized for taking time off to serve on a jury, as long as they provide proper notice and documentation (such as the jury summons).
  • Exempt vs. Non-Exempt Employees: The FLSA’s distinction between exempt and non-exempt employees can influence how employers handle jury duty pay. For non-exempt employees, federal law does not require employers to compensate them for any time spent on jury duty. However, exempt employees, who are generally salaried, must continue to receive their full salary for any workweek during which they perform any work, even if they are absent for part of the week due to jury duty. This means that exempt employees may still receive their regular salary if they serve jury duty for part of the week.

Employer Rights and Policies

While federal law provides no specific mandates for jury duty compensation, it gives employers considerable flexibility to create their own jury duty policies. These policies allow businesses to define how they will handle leave and compensation when an employee is called for jury duty. Employers should consider the following aspects when crafting their jury duty policies:

  1. Compensation for Jury Duty
    Employers may choose to compensate employees for their time on jury duty, even if federal law does not require it. Offering paid jury duty leave can be an attractive benefit that improves employee satisfaction and retention. Some employers may offer:

    • Full pay: Compensating employees at their regular rate for the entire duration of jury service.
    • Partial pay: Providing pay for a limited number of days (e.g., the first three days of jury duty) or capping the amount paid (e.g., up to a certain daily rate).
    • No pay: Opting not to offer any compensation beyond what is required by state laws.

  2. Use of Paid Time Off (PTO)
    Employers have the option to allow employees to use accrued PTO or vacation days to cover the time spent serving on jury duty. Some states have laws that explicitly prohibit employers from requiring employees to use PTO, while others permit this practice. A clear policy can help avoid confusion and ensure that employees understand their rights regarding paid leave during jury duty.

  3. Documentation Requirements
    Employers may ask employees to provide a copy of their jury duty summons as proof of their obligation to serve. This helps verify that the employee is legally required to attend court and allows the employer to plan for their absence.

  4. Employee Return to Work
    Policies should specify what is expected of employees once they have completed their jury service. In many cases, employees are required to return to work on the same day if their jury duty ends early, or the next business day after completing their service. This ensures that the employee’s absence does not unduly disrupt the workplace.

  5. Employee Protection
    Federal law protects employees from being fired or penalized for attending jury duty. While the FLSA does not specifically address this, other federal and state laws, such as the Jury System Improvements Act of 1978, prohibit employers from retaliating against employees for serving on a jury. Therefore, employers must ensure that their policies are in compliance with these anti-retaliation protections.

  6. Creating a Competitive Policy
    Employers can use jury duty policies as a tool for differentiation in their industry. Offering a generous or supportive policy (such as providing full pay during jury service) can improve employee morale and position the company as an employee-friendly organization. Businesses that operate in states without paid jury duty requirements may find that offering such benefits can help attract and retain talent by providing a more supportive work environment.

Jury Duty Statistics

Statistic Value
Percentage of Americans summoned for jury duty annually 14.4%
Number of Americans reporting for jury service annually 11 million
Number of jury trials in rural courts (2019) 25 trials per year
Number of jury trials in rural courts (2020 and 2021) 4 trials per year
Number of jury trials in courts serving populations 25,000-100,000 (2019) 37 trials per year
Number of jury trials in courts serving populations 25,000-100,000 (2020) 9 trials per year
Number of jury trials in courts serving populations 25,000-100,000 (2021) 13 trials per year
Number of jury trials in courts serving populations 100,000-500,000 (2019) 75 trials per year
Number of jury trials in courts serving populations 100,000-500,000 (2020) 7 trials per year
Number of jury trials in courts serving populations 100,000-500,000 (2021) 10 trials per year
Number of jury trials in courts serving populations 500,000+ (2019) 143 trials per year
Number of jury trials in courts serving populations 500,000+ (2020) 39 trials per year
Number of jury trials in courts serving populations 500,000+ (2021) 48 trials per year

Data Retrieved From: https://cosca.ncsc.org

‘Pro-Tip’

Support Employees with Financial Hardships: If an employee expresses concerns about financial hardship due to unpaid jury duty leave, consider offering a temporary salary advance or optional PTO use to help alleviate stress.

Jury Duty Compensation Laws by State

Jury duty compensation laws vary significantly from state to state. While federal law does not mandate that employers compensate employees during jury duty, many states have implemented their own regulations. Some states require employers to pay employees during their service, while others leave it up to the employer’s discretion. Understanding these laws is essential for both employers and employees to ensure compliance with local regulations and to avoid legal conflicts.

States that Mandate Paid Jury Duty Leave

A handful of states require employers to compensate employees while they serve on jury duty. These laws are designed to ensure that citizens can fulfill their civic responsibilities without suffering financial hardship. Below is a list of states that mandate paid jury duty leave, along with any unique provisions specific to each state:

  1. Alabama

    • Requirement: Employers must provide full pay to full-time employees while they serve on jury duty.
    • Details: Only one employee may serve at a time if a company has five or fewer full-time employees. If a second employee is summoned, the court will automatically postpone or reschedule jury duty for the second individual.

  2. Colorado

    • Requirement: Employers must pay employees up to $50 per day for the first three days of jury service.
    • Details: This requirement applies to all employees, including part-time, temporary, and casual workers. Employers can opt to pay more if their company policy allows for it.

  3. Connecticut

    • Requirement: Employers must pay full-time employees their regular wages for the first five days of jury duty.
    • Details: After the first five days, employers are not required to pay, but employees may receive payment from the court. Public employers are required to pay up to $50 per day beyond the first five days.

  4. District of Columbia (D.C.)

    • Requirement: Employers with 11 or more employees must pay full-time employees their regular wages for the first five days of jury duty.
    • Details: If an employee is not scheduled to work on a jury duty day, the employer is not required to provide pay.

  5. Florida (Broward and Miami-Dade Counties)

    • Requirement: Employers in these counties must pay employees their regular salary for up to five days of jury service.
    • Details: In Broward County, employees are entitled to paid leave if they provide a copy of the summons at least five days before the start of jury duty. In Miami-Dade County, this rule applies to employers with 10 or more employees, provided the employee works at least 35 hours a week.

  6. Georgia

    • Requirement: Employers are required to pay employees their regular salary during jury duty service.
    • Details: The law applies universally across all businesses, regardless of the size or type of employer.

  7. Louisiana

    • Requirement: Employers must pay for a full day of jury duty, but only for the first day of service.
    • Details: After the first day, the employer is no longer required to provide compensation, though employees are still protected from termination.

  8. Massachusetts

    • Requirement: Employers are required to pay employees for the first three days of jury duty.
    • Details: This rule applies to all employees, including part-time and temporary workers. After three days, the court takes over payment, with public employers required to pay up to $50 per day beyond the three-day period.

  9. Nebraska

    • Requirement: Employers must pay employees their regular wages during jury duty.
    • Details: The employer can reduce the employee’s pay by the amount of fees paid to the employee by the court. Employees are also required to provide reasonable notice to their employer before attending jury duty.

  10. Nevada

    • Requirement: Employers are not required to pay wages for time spent serving on a jury.

    • Details: Employers cannot require staff to work within eight hours of the time they are scheduled to serve. Additionally, employees cannot be required to work between 5:00 p.m. and 3:00 a.m. on the day of jury duty.

  11. New York

    • Requirement: Employers with 10 or more employees must pay the first $40 of the employee’s daily wages for the first three days of jury duty.
    • Details: For smaller employers (fewer than 10 employees), payment is not required. However, employees are still entitled to $40 per day from the court after the first three days.

  12. Oregon

    • Requirement: Employers are not legally required to pay employees for jury duty.

    • Details: Many employers have internal policies that provide regular pay during jury service. Employers are prohibited from requiring employees to take personal leave for jury duty.

  13. Tennessee

    • Requirement: Employers with five or more employees must pay full wages for employees serving on jury duty.
    • Details: To qualify, employees must have been employed for at least six months prior to being called for jury duty.

Unique State Policies

While most states that mandate paid jury duty leave follow similar structures, some states have more nuanced policies:

  • Massachusetts requires employers to pay only for the first three days of jury duty, after which the court takes over payment. This provides employees with a partial financial safety net while limiting the employer’s burden.
  • Nebraska allows employers to reduce the amount they pay by deducting any fees the employee receives from the court. This ensures that employees are compensated but avoids double payment.
  • Louisiana mandates payment for only the first day of service, leaving subsequent days unpaid by the employer, though employees are still protected from adverse actions.

States Without Mandated Paid Leave

Many states do not require employers to compensate employees for time spent serving on jury duty. However, these states generally protect employees from termination or other forms of retaliation due to their jury service. Below is an overview of states where paid jury duty leave is not required, but protections are still in place:

  1. Arizona

    • Employers are not required to pay for jury duty, but they are prohibited from requiring employees to use paid time off (PTO) for jury service.
    • Employees cannot be fired or penalized for attending jury duty.

  2. Arkansas

    • No requirement for paid leave, but employers cannot force employees to use PTO or vacation time.
    • Employers cannot discharge or discriminate against employees for fulfilling their jury duty obligations.

  3. California

    • Employers are not obligated to pay employees for time spent on jury duty.
    • Employees can use PTO at their discretion, but employers cannot require them to do so.
    • Retaliation against employees for attending jury duty is illegal.

  4. Indiana

    • Paid leave is not required, but employers cannot mandate the use of PTO for jury service.
    • Employees are protected from termination or adverse employment actions.

  5. Nevada

    • Employers are not required to pay employees on jury duty, but they are prohibited from requiring employees to work within eight hours of their jury service. Additionally, employees cannot be required to work between 5:00 p.m. and 3:00 a.m. on the same day they serve on a jury.
    • Employers cannot force employees to use personal leave for jury duty.

  6. Ohio

    • No requirement for paid leave, but employers cannot demand that employees use PTO or sick leave for jury service.
    • Employees are legally protected from being fired or retaliated against for jury duty service.

  7. Oklahoma

    • While employers do not have to pay for jury duty, they are prohibited from requiring employees to use PTO to cover their time away.
    • Termination or penalization of employees for serving jury duty is illegal.

  8. Oregon

    • Paid leave is not mandated, though employers are encouraged to offer internal policies that provide compensation.
    • Employers cannot require employees to use PTO for jury duty, and retaliation for jury service is prohibited.

States like New Jersey, Virginia, Utah, and Vermont follow similar practices where jury duty is unpaid, but legal protections ensure that employees are not forced to use vacation time or personal leave and are shielded from retaliation.

In these states, while the financial burden of jury duty falls on the employee, the protection of their job is a guaranteed right. Employers in these states are encouraged to develop clear policies to address how jury duty leave is handled, including whether employees can opt to use PTO voluntarily.

‘Pro-Tip’

Create a Remote Work Option (if feasible): For employees not required to physically serve in a courthouse but instead serve as “on-call” jurors, allow them to work remotely when they are not needed in court.

States that Prohibit Employers from Requiring PTO for Jury Duty

In many states, employers are prohibited from requiring employees to use personal leave, such as paid time off (PTO), vacation, or sick leave, when fulfilling their legal obligation to serve on a jury. These laws are in place to ensure that employees are not financially penalized or forced to deplete their personal leave to meet their civic duty.

Below is a list of the 18 states that explicitly prohibit employers from mandating the use of PTO for jury duty service:

List of States

  1. Alabama

    • Employers must allow employees to serve on jury duty without requiring them to use PTO or other personal leave. Full-time employees are entitled to paid leave for the duration of jury service.

  2. Arizona

    • Employers are not required to pay for jury duty leave, but they cannot force employees to use PTO, sick leave, or vacation days to cover the absence.

  3. Arkansas

    • Employers cannot require employees to use their personal leave, including PTO, for jury service. Employees cannot be terminated or penalized for serving on a jury.

  4. Indiana

    • Employers are barred from forcing employees to use any form of personal leave, including vacation or PTO, for time spent on jury duty. Employees are also protected from retaliation for fulfilling their jury duty obligations.

  5. Louisiana

    • Employees cannot be required to use PTO or other personal leave for jury service. Louisiana also mandates that employers pay for the first day of jury duty service, though they are not required to pay for subsequent days.

  6. Mississippi

    • Employers cannot require employees to use personal leave to fulfill their jury duty obligations. While the state does not mandate paid leave for jury duty, employees are protected from being required to use their vacation or PTO.

  7. Missouri

    • Employers cannot force employees to use any personal leave, such as PTO, vacation, or sick leave, for jury duty service. Missouri also has laws protecting employees from being terminated for attending jury duty.

  8. Nebraska

    • Employees are not required to use their personal leave for jury service. Nebraska also mandates that employers provide full wages during jury duty, although they can reduce wages by the amount paid by the court.

  9. Nevada

    • Employers are prohibited from requiring employees to use PTO, vacation, or sick leave for jury duty. Additionally, Nevada law prevents employers from requiring employees to work within eight hours of serving jury duty, or between 5:00 p.m. and 3:00 a.m. on the day of service.

  10. New Hampshire

    • Employees cannot be forced to use personal leave for jury duty. While New Hampshire does not require paid jury duty leave, employees are protected from being compelled to use PTO.

  11. New Jersey

    • Employers in New Jersey cannot require employees to use their vacation days, PTO, or other personal leave for jury duty. Employees must be granted leave without using their personal time.

  12. New Mexico

    • New Mexico law prohibits employers from requiring employees to use PTO, vacation, or sick leave for jury duty. The state does not mandate paid jury duty leave, but employees are protected from losing their personal leave.

  13. Ohio

    • Employers are prohibited from requiring employees to use any form of personal leave, including PTO or vacation, for jury duty. Ohio law also protects employees from being fired or penalized for serving.

  14. Oklahoma

    • Employees cannot be required to use PTO, sick leave, or vacation time for jury duty. Oklahoma law also provides job protection to employees serving on a jury, preventing retaliation from employers.

  15. Oregon

    • Employers are not allowed to force employees to use their PTO, vacation, or personal leave for jury service. While Oregon does not mandate paid leave for jury duty, employees cannot be required to use their accrued personal time.

  16. Utah

    • Utah law prohibits employers from requiring employees to use PTO or personal leave for jury service. Employees are also protected from termination or adverse actions related to their jury duty attendance.

  17. Vermont

    • Employers cannot force employees to use any personal leave, including PTO or vacation time, for jury service. Employees are entitled to leave without having to deplete their personal leave balances.

  18. Virginia

    • Virginia law prohibits employers from requiring employees to use PTO or personal leave for jury duty. Employees are also protected from termination or penalties for attending jury service.

Discussion of State Protections

In addition to prohibiting the use of PTO for jury duty, all 18 states mentioned above provide protections that prevent employers from penalizing employees for serving on a jury. These protections are designed to ensure that employees can fulfill their legal and civic responsibilities without fear of retaliation or job loss. Below are some of the key protections these states offer:

  1. Job Security During Jury Service
    Each of the 18 states has laws that explicitly protect employees from being terminated, suspended, or otherwise penalized for attending jury duty. Employers cannot take any adverse employment actions, such as reducing hours, demoting, or firing an employee, as a result of their jury service. These laws ensure that employees can serve without the fear of losing their job.

  2. Prohibition of Retaliation
    In these states, it is illegal for an employer to retaliate against an employee for attending jury duty. This means that employers cannot take punitive actions, such as reducing pay, withholding promotions, or changing work assignments, because the employee was absent due to jury service. Retaliation protections are in place to safeguard employees’ rights and encourage participation in the judicial process.

  3. Reasonable Accommodation
    While employers are not required to pay employees for time spent on jury duty (unless state law mandates it), they are generally required to allow employees to return to work once their jury service is complete. In some states, like Nevada and Utah, specific provisions dictate that employees cannot be required to work within a certain number of hours before or after their jury duty. This ensures that employees have reasonable accommodation to attend court without compromising their work responsibilities.

  4. Penalties for Employer Violations
    Employers who violate these protections by penalizing employees for attending jury duty may face significant legal consequences. In many states, employees have the right to file complaints with labor boards or take legal action if they are penalized or fired due to jury service. Penalties can include fines, reinstatement of the employee’s position, payment of lost wages, and in some cases, punitive damages.

  5. Documentation Requirements
    To benefit from these protections, employees are typically required to provide their employer with documentation, such as a copy of their jury summons or proof of attendance. This ensures that employers are informed of the employee’s legal obligation and can make appropriate accommodations during the jury service period.

‘Pro-Tip’

Send a Jury Duty Reminder Email: Send a friendly email reminder to employees about upcoming jury duty service with helpful tips on how to manage their time and what to expect during the process.

Jury Duty Leave: What Employers Need to Know

Legal Obligations by State

Jury duty laws vary widely across the U.S., with each state imposing its own requirements on employers regarding leave, compensation, and employee protections. Employers must be aware of the specific laws in their state to ensure compliance and avoid legal repercussions. Below is a detailed breakdown of the legal obligations for employers across the U.S.:

  1. States that Require Paid Jury Duty Leave

    In states with such requirements, employers must follow the rules carefully, as non-compliance can result in penalties and legal action.

  2. States that Allow Unpaid Leave

    • In many states, employers are not required to provide paid leave for jury duty, but they must still grant employees unpaid time off to serve. Employers in these states must allow employees to take time off for the entire duration of jury duty, regardless of how long the trial lasts. For example:
      • California: Employers are not required to pay employees for jury duty, but they must allow employees to take unpaid leave.
      • Texas: Employers are not required to provide paid leave, but they must grant time off for jury duty without terminating or penalizing the employee.

  3. Prohibition of Retaliation

    • All states have laws that protect employees from being fired, demoted, or otherwise penalized for attending jury duty. Employers cannot retaliate against employees for fulfilling their civic obligations. These protections are critical to ensuring that employees feel safe in performing their jury service. For example:
      • Florida: Employers in Broward and Miami-Dade counties must provide paid leave and cannot retaliate against employees for serving on a jury.
      • Arizona: Employers cannot penalize employees for serving on a jury, even though they are not required to pay for jury duty leave.

  4. Differences Between Full-Time and Part-Time Employees

‘Pro-Tip’

Leverage Time Management Tools for Employees Serving on Juries: Provide time management tools, such as calendar apps or task trackers, for employees serving on extended juries. This helps them balance their work duties (if applicable) with their court responsibilities.

Employer Flexibility in Policy Creation

While state laws outline the minimum requirements for jury duty leave, employers have the flexibility to create their own policies that go beyond these legal obligations. In doing so, businesses can foster a supportive work environment and demonstrate their commitment to employee well-being. Here are some ways employers can enhance their jury duty policies:

  1. Offering Paid Leave Beyond State Requirements

    • In states where paid jury duty leave is not mandated, employers can choose to provide compensation as a voluntary benefit. For example, in states like Texas and California, where there are no requirements for paid leave, offering paid jury duty leave can help create a positive work culture and reduce employee financial stress. This could involve:
      • Full salary continuation during jury service.
      • Partial pay for a specified number of days, such as covering the first five days of jury duty.
      • Paying employees the difference between their regular salary and the amount paid by the court.

  2. Enhancing Flexibility for Employee Scheduling

    • Employers can accommodate employees by offering flexible work arrangements when they are serving on jury duty. For instance, if the jury service is for only part of the day, employers can allow employees to work flexible hours or remotely during non-court hours. Providing options like these helps employees balance their work responsibilities and civic duties.

  3. Covering Additional Expenses

    • Although state laws typically do not require employers to cover expenses incurred during jury duty, such as parking or transportation, some employers choose to offer reimbursements for these costs. This small gesture can significantly reduce the financial burden on employees and demonstrate the employer’s support.

  4. Allowing PTO as an Option (But Not a Requirement)

    • Employers may offer the option for employees to use accrued paid time off (PTO) for jury duty. While many states prohibit employers from requiring employees to use PTO, offering it as a voluntary option allows employees to preserve their income if they prefer to use their leave balance. To calculate your accrued PTO use our PTO calculator.

Best Practices for Creating a Jury Duty Policy

To ensure clarity, compliance, and fairness, employers should develop a comprehensive jury duty policy. Here are some best practices for crafting an effective policy:

  1. Clearly Define Jury Duty Leave Policies

    • Outline whether the leave is paid or unpaid, and specify how many days of paid leave (if any) are offered. Clearly state the difference between full-time and part-time employees, as well as how the policy applies to exempt and non-exempt workers.

  2. Communicate Documentation Requirements

    • Specify that employees must provide documentation of their jury duty service, such as a copy of the jury summons or a letter from the court. This ensures transparency and helps employers track employee absences.

  3. Specify Return-to-Work Guidelines

    • Establish rules regarding when employees must return to work after being released from jury duty. For example, if an employee is dismissed early in the day, the policy should indicate whether they are expected to return to work for the remainder of the day or the next business day.

  4. Provide Protection Against Retaliation

    • Ensure that the policy includes explicit statements protecting employees from any form of retaliation, including termination, demotion, or reduction of hours, for serving on a jury. Employers should train managers and supervisors on these protections to avoid inadvertent violations.

  5. Offer Additional Support

    • Encourage employees to participate in jury duty by offering support and recognizing the importance of their civic contribution. Employers can include statements in their policy that express the company’s commitment to supporting employees during their service.

  6. Keep Policies Updated

    • Regularly review and update the jury duty policy to ensure it remains compliant with state and federal laws. Changes in state legislation may impact compensation, leave requirements, and employee protections, so it’s important to stay informed of legal updates.

  7. Educate Employees About Their Rights

    • Make sure employees are aware of their jury duty rights and responsibilities. This can be done through training sessions, employee handbooks, or internal communication channels. Providing clear and accessible information can prevent confusion and reduce the likelihood of disputes.

‘Pro-Tip’

Use a Return-to-Work Debriefing: After an employee returns from extended jury service, conduct a return-to-work debriefing. This can help reintegrate them into their role, catch them up on important developments, and ensure a smooth transition back to their responsibilities.

Penalties for Employers Who Violate Jury Duty Leave Laws

Employers who fail to comply with state and federal jury duty leave laws can face significant penalties, ranging from fines to legal action. These laws are designed to protect employees from being unfairly penalized for fulfilling their civic obligation to serve on a jury. Employers who terminate, retaliate against, or otherwise penalize employees for attending jury duty may be subject to legal consequences that could damage their reputation, incur financial costs, and lead to potential legal battles.

Consequences of Non-Compliance

When an employer violates jury duty leave laws, the consequences can vary depending on the specific state laws, the nature of the violation, and the severity of the actions taken against the employee. Below are the common penalties employers may face for non-compliance:

  1. Fines and Financial Penalties
    Many states impose fines on employers who violate jury duty leave laws. The amount of the fine can vary by state, but the financial penalties can be substantial, especially if multiple employees are involved. For example:

  2. Reinstatement of Employment
    If an employee is wrongfully terminated for attending jury duty, many states require employers to reinstate the employee. This means that the employer must offer the employee their previous job back, with the same terms and conditions as before the termination. For example:

    • Florida: Employees who are terminated for serving on a jury have the right to be reinstated to their former position without a reduction in pay, benefits, or seniority.
    • Massachusetts: Employers who illegally terminate an employee for jury service may be ordered by the court to reinstate the employee to their previous role.

  3. Payment of Lost Wages
    Employers who terminate or retaliate against employees may be required to compensate the employee for lost wages resulting from the unlawful actions. This includes any wages the employee would have earned had they not been wrongfully terminated or penalized. In some cases, employers may also be required to pay damages for emotional distress or harm caused by their actions.

  4. Additional Damages
    In certain cases, employers may be ordered to pay additional damages beyond back pay and lost wages. These damages can include:

    • Punitive Damages: If the employer’s actions are found to be particularly egregious or willfully in violation of the law, the court may impose punitive damages. These are intended to punish the employer and deter similar behavior in the future.
    • Legal Fees: Employers may also be required to cover the employee’s legal fees and court costs if the case is taken to trial. This can significantly increase the financial burden on the employer.

  5. Public Reputation and Trust
    Beyond the legal and financial consequences, employers who violate jury duty leave laws risk damaging their public reputation and employee trust. News of legal violations can spread quickly, potentially leading to negative media coverage, loss of business, and decreased employee morale. Employers that fail to comply with jury duty laws may struggle to attract and retain top talent, as potential employees may view the company as unsupportive of their civic rights.

Legal Actions Employees Can Take if Their Rights Are Violated

Employees who believe their jury duty rights have been violated have several options to seek justice and protect their employment. Depending on the state and the nature of the violation, employees can pursue different legal avenues to address the issue.

  1. Filing a Complaint with the State Labor Board
    In most states, employees can file a formal complaint with their state’s labor board or department of labor if they believe they have been unlawfully penalized for serving on a jury. The state labor board will investigate the complaint and determine whether the employer has violated jury duty leave laws. For example:

    After investigating, the labor board may issue fines or penalties against the employer and require corrective actions, such as reinstating the employee or paying lost wages.

  2. Filing a Lawsuit for Wrongful Termination
    Employees who are terminated or penalized for attending jury duty can file a lawsuit for wrongful termination. This lawsuit may seek damages for lost wages, emotional distress, and other financial losses resulting from the employer’s illegal actions. Many states allow employees to file claims in both state and federal courts, depending on the circumstances of the violation.

    • Georgia: Employees who are wrongfully terminated for serving on a jury can file a civil lawsuit in state court. If successful, they may recover lost wages, legal fees, and other damages.
    • Texas: Employees who have been fired for attending jury duty can file a wrongful termination lawsuit under state law. Courts may award compensation, damages, and in some cases, punitive damages if the employer’s actions were especially malicious.

  3. Seeking Reinstatement of Employment
    If an employee is terminated for attending jury duty, they can seek reinstatement through the courts. In states that allow for this remedy, the court may order the employer to reinstate the employee to their former position. This often includes restoring the employee’s full salary, benefits, and seniority as if they had never been terminated.

  4. Requesting Back Pay and Compensation
    Employees can also request back pay for any wages lost due to wrongful termination or penalization related to jury duty. This typically includes the full amount of pay the employee would have earned had they not been unlawfully terminated. In addition, employees may be entitled to interest on the lost wages, as well as compensation for any missed benefits, such as health insurance or retirement contributions.

  5. Reporting Employer Violations to the Court
    In some states, employees can report employer violations directly to the court that issued the jury summons. The court may take action against the employer, particularly if the employer’s actions are found to be obstructing the legal process. Courts can issue fines and may refer the matter to state labor authorities for further investigation.

  6. Whistleblower Protections
    In certain cases, employees may be protected under whistleblower laws if they report their employer’s illegal actions related to jury duty violations. Whistleblower protections can offer additional legal safeguards against retaliation, including wrongful termination, demotion, or harassment. Whistleblower laws typically provide additional remedies, such as reinstatement, back pay, and compensatory damages.

‘Pro-Tip’

Train Managers and HR Staff: Train managers and HR staff on the legal requirements and best practices for handling severance pay and final paychecks. This ensures consistent and compliant handling of employee terminations.

Jury Duty in Practice: State-Specific Examples

Jury duty laws can vary significantly across states, with some states mandating full pay for employees during service, while others impose specific conditions or leave the decision up to employers. Below is a detailed look at key states with notable jury duty laws, followed by a summary of other states that have unique rules.

Detailed State Profiles

  1. Alabama: Full Pay for Full-Time Employees, Restrictions for Small Businesses

    • Jury Duty Leave Requirements: In Alabama, employers are required to provide full-time employees with paid leave during jury duty. The employee must present the jury summons to their employer the next workday after receiving it to be eligible for paid leave.
    • Restrictions for Small Businesses: Employers with five or fewer full-time employees have a specific exemption to avoid business disruptions. If two employees are called to jury duty at the same time, the court will automatically reschedule or postpone the second employee’s service to avoid overwhelming the small business. This ensures that small businesses are not left severely understaffed.
    • Key Protection: Employers are prohibited from penalizing employees for attending jury duty, and employees cannot be required to use personal leave.

  2. Colorado: Payment of up to $50 per Day for the First Three Days

  3. Florida: County-Specific Rules for Broward and Miami-Dade Counties

    • State Overview: Florida does not have a statewide requirement for employers to pay employees during jury duty. However, several counties, such as Broward and Miami-Dade, have enacted their own rules.
    • Broward County: Employers must pay employees their regular salary for up to five days of jury duty leave. Employees are required to provide a copy of the jury summons to their supervisor at least five days before the start of jury duty to qualify.
    • Miami-Dade County: Employers with 10 or more employees must provide regular pay to employees who serve on jury duty, as long as the employee works at least 35 hours per week. The employer can reduce the employee’s pay by the amount of compensation provided by the court for jury duty service.

  4. Massachusetts: Payment for the First Three Days of Service for All Employees

    • Jury Duty Leave Requirements: In Massachusetts, employers are required to pay employees at their regular rate for the first three days of jury duty. This applies to all employees, including part-time and temporary workers.
    • Extended Service: For jury duty that extends beyond three days, employees will receive compensation from the court (up to $50 per day). Public employers, however, must continue paying employees their regular wages beyond the three-day mark.
    • Protection from Retaliation: Employees cannot be terminated or penalized for serving on a jury. Employers must comply with these payment rules to avoid legal consequences.

  5. New York: Employers with 10+ Employees Must Pay $40/Day for the First Three Days

    • Jury Duty Leave Requirements: In New York, employers with 10 or more employees are required to pay the first $40 of an employee’s daily wages for the first three days of jury duty. If an employer has fewer than 10 employees, they are not obligated to provide paid leave, but the employee will still receive $40 per day from the state after the first three days.
    • Out-of-State Employers: Companies that are based outside New York but have 10 or more employees working within the state are also required to pay the first $40 for the first three days of jury duty service for their New York employees.
    • No Personal Leave Requirement: Employees cannot be required to use PTO or other personal leave to fulfill their jury duty obligations.

Other State Profiles

Several other states have unique jury duty laws that impose specific conditions or partial payment requirements. Below is a summary of these states:

  1. Louisiana: One-Day Pay Requirement

  2. Nebraska: Reduced Pay by Court Fees

    • Jury Duty Leave Requirements: In Nebraska, employers are required to provide full pay to employees during jury duty service. However, the employer is allowed to reduce the employee’s pay by the amount of compensation the employee receives from the court for jury duty.
    • Reasonable Notice: Employees must provide reasonable notice to their employer when called for jury duty, and employers cannot penalize employees for attending jury service.

  3. Tennessee: Pay for Employers with Five or More Employees

    • Jury Duty Leave Requirements: In Tennessee, employers with five or more employees must pay employees for the time they serve on jury duty. To be eligible for paid leave, the employee must have been employed for at least six months.
    • PTO Usage: Employees cannot be required to use PTO or personal leave for jury duty. Employers may request that employees report back to work if they are released early from jury service.

  4. Oregon: Employer Flexibility but No Mandate

    • Jury Duty Leave Requirements: Oregon does not mandate paid jury duty leave. However, many employers in the state voluntarily offer paid leave or allow employees to use PTO for jury duty. State law prohibits employers from requiring employees to use personal leave, even if the employer does not provide paid jury duty leave.
    • Protection from Retaliation: Oregon law protects employees from retaliation for serving on a jury, ensuring job security during their service.

  5. Nevada: Work Restrictions Post-Jury Duty

    • Jury Duty Leave Requirements: Nevada does not require employers to pay employees for jury duty, but it does impose specific work-hour restrictions. Employers cannot require employees to work within eight hours of their scheduled jury duty. Additionally, if the jury duty lasts for four or more hours, employees cannot be required to work between 5:00 p.m. and 3:00 a.m. on the day of service.
    • Personal Leave Protections: Employers in Nevada are prohibited from requiring employees to use PTO or personal leave for jury duty service.

  6. Vermont: No PTO Requirement, but Job Protections

    • Jury Duty Leave Requirements: Vermont does not mandate that employers provide paid leave for jury duty. However, employees cannot be required to use PTO or vacation time to cover the time they are away from work for jury service.
    • Job Protection: Vermont law ensures that employees are not terminated or otherwise penalized for attending jury duty. Employers must allow employees to return to their original position once their jury service is complete.

‘Pro-Tip’

Train Managers and HR Staff: Train managers and HR staff on the legal requirements and best practices for handling severance pay and final paychecks. This ensures consistent and compliant handling of employee terminations.

The Importance of Clear Jury Duty Policies for Employers

A well-defined jury duty policy is essential for both employers and employees. It serves as a guide for handling jury duty-related absences while ensuring compliance with state laws. By proactively addressing jury duty in a formal policy, employers can minimize confusion, mitigate legal risks, and promote a positive work environment. Below is a closer look at the benefits of having a clear jury duty policy and a sample template that employers can adapt to meet their needs.

Benefits of Having a Policy

  1. Reducing Confusion and Legal Risk

    • A clear jury duty policy helps prevent misunderstandings between employees and employers about leave entitlement, compensation, and time-off procedures. Without a formal policy, employees might be unsure of their rights and responsibilities, and employers could inadvertently violate state laws regarding jury duty leave. By explicitly outlining the steps employees must take and the company’s obligations, a well-written policy ensures that both parties are informed.
    • Having a written policy reduces the risk of legal disputes by ensuring that the company complies with state and federal laws. Employers can avoid costly penalties and potential lawsuits by adhering to the guidelines and requirements set forth in their state’s jury duty regulations. Additionally, a policy protects the company from accusations of retaliation or wrongful termination related to jury service.

  2. Encouraging Civic Duty and Positive Employee Relations

    • Supporting employees in their civic duties fosters a positive workplace culture. Jury duty is an essential part of the democratic process, and employers who actively support their employees’ participation contribute to a sense of civic responsibility. When employees feel valued and supported in fulfilling their legal obligations, they are more likely to have greater job satisfaction and loyalty to their employer.
    • A clear and supportive jury duty policy can be seen as a sign of a fair and employee-centric workplace. It demonstrates that the company cares about its employees’ rights and well-being, which can strengthen employee morale and promote trust between management and staff. In industries where employee retention is crucial, such policies can help differentiate a company from its competitors.

Sample Jury Duty Policy

Below is a sample jury duty policy template that employers can adapt to suit their company’s needs. The policy can be modified to comply with state-specific laws regarding jury duty leave, compensation, and employee protections.

[Company Name] Jury Duty Policy

Purpose
At [Company Name], we recognize the importance of civic responsibility and encourage our employees to fulfill their duty as citizens. This policy outlines the procedures for employees who are summoned for jury duty and ensures that [Company Name] complies with all applicable state and federal laws regarding jury duty leave.

Eligibility
All full-time and part-time employees of [Company Name] are eligible for jury duty leave. Employees must provide appropriate documentation, such as a copy of the jury summons, to their supervisor as soon as possible upon receiving the summons.

Leave Entitlement
Employees who are summoned for jury duty are entitled to time off to fulfill their jury service. The following provisions apply based on the state where the employee works:

  • Full-Time Employees: Full-time employees are entitled to [specify paid or unpaid leave based on state law] for the duration of their jury service.
  • Part-Time Employees: Part-time employees will be granted unpaid leave for the duration of their jury service unless otherwise required by state law.
  • Temporary and Contract Employees: Temporary and contract employees may take unpaid leave to attend jury duty but are not eligible for paid leave.


Compensation
[Company Name] will follow all state laws regarding jury duty compensation. The company’s compensation policy for jury duty is as follows:

  • Paid Leave: In states where paid leave is required, employees will receive their regular pay for [specify number of days] of jury service. After this period, employees may be compensated by the court for any remaining days.
  • Unpaid Leave: In states where paid leave is not required, employees may take unpaid leave for jury duty. If desired, employees may use accrued paid time off (PTO) during their jury duty service.
  • Court Fees: If employees receive any payment from the court for serving on a jury, they may keep the payment in addition to their regular wages.


Notification and Documentation Requirements
Employees must notify their immediate supervisor as soon as they receive a jury summons. Employees should provide a copy of the summons and any court-issued documents related to their service. In the event that the employee is dismissed from jury duty early on a given day, they are expected to return to work for the remainder of their scheduled workday if reasonably feasible.

Return to Work
Upon completion of jury duty, employees are expected to return to work on their next scheduled workday. If an employee’s jury service extends beyond their original expected period of absence, they must notify their supervisor to discuss any changes in the return-to-work schedule.

Protection from Retaliation
[Company Name] strictly prohibits any form of retaliation against employees who are summoned for or serve on a jury. Employees cannot be terminated, demoted, or otherwise penalized for attending jury duty. This policy applies to all full-time, part-time, temporary, and contract employees.

Special Considerations
If jury duty presents a hardship for [Company Name] due to business needs, [Company Name] may request that the employee apply for a postponement or reschedule their jury duty. However, the company will fully respect the employee’s legal obligations to serve on a jury if required.

‘Pro-Tip’

Train Managers and HR Staff: Train managers and HR staff on the legal requirements and best practices for handling severance pay and final paychecks. This ensures consistent and compliant handling of employee terminations.

Jury Duty FAQ (Frequently Asked Questions)

Are employers required to provide paid leave for jury duty?

Whether an employer is required to provide paid leave for jury duty depends on state laws. Some states, like Alabama, Colorado, and Massachusetts, mandate paid leave for a specified number of days. In other states, such as California and Texas, employers are not required to pay employees for jury duty, but they must provide unpaid leave. Always check your state’s specific laws to ensure compliance.

Can an employer require employees to use PTO or vacation time for jury duty?

In many states, employers are prohibited from requiring employees to use paid time off (PTO), vacation, or sick leave for jury duty service. States like Arizona, Missouri, and Virginia explicitly ban this practice. However, employees may voluntarily choose to use their PTO if they wish to maintain their regular income during jury duty in states where paid leave is not required. To learn more about PTO in the US see our blog here.

What happens if an employee is dismissed from jury duty early in the day?

If an employee is released from jury duty early in the day (e.g., before the end of their normal work hours), many companies expect the employee to return to work for the remainder of the day. This expectation should be outlined in the company’s jury duty policy. Employers should ensure that employees know when and how to return to work, depending on the time they are released from jury duty.

What documentation must employees provide to prove their jury duty service?

Employees must typically provide a copy of their jury summons to their employer as proof that they have been called to serve on a jury. After the completion of jury service, employees may also need to provide a certificate of attendance or other court-issued documentation confirming the dates and times they served. This helps employers verify the employee’s absence and manage payroll accordingly.

Can an employee be fired for attending jury duty?

No, employees cannot be fired, demoted, or penalized for attending jury duty. Federal and state laws protect employees from retaliation for fulfilling their civic duty. If an employer takes adverse action against an employee for attending jury duty, the employee may file a complaint with the state labor board or pursue legal action for wrongful termination.

How long does jury duty typically last?

The length of jury duty varies depending on the nature of the case and the state where the employee is serving. In many states, jury service lasts between one and three days for most trials, though complex cases can extend for weeks or even months. Once an employee has served on a jury, they are typically exempt from jury service for at least one to three years, depending on state laws.

Are part-time and temporary employees entitled to jury duty leave?

Jury duty leave laws apply to both full-time and part-time employees in most states. However, compensation requirements for part-time and temporary employees may vary. For example, in Colorado, part-time employees are entitled to the same paid leave for the first three days of jury service as full-time employees. Employers should check their state’s specific laws to determine whether part-time and temporary employees are entitled to paid or unpaid leave for jury duty.

What is the difference between paid and unpaid jury duty leave?

  • Paid Jury Duty Leave: Employees continue to receive their regular wages during the time they serve on a jury. Paid jury duty leave is required in certain states, such as Alabama, Massachusetts, and New York (for employers with 10+ employees). Paid leave can cover a specified number of days, and after that period, compensation may be provided by the court.
  • Unpaid Jury Duty Leave: In states that do not mandate paid jury duty leave (e.g., California), employers are not required to pay employees for the time spent on jury duty, though they must provide job-protected unpaid leave. Employees can opt to use their PTO or vacation time to receive pay during jury duty.

Do employers have to compensate employees for court fees or reimbursements received during jury duty?

In some states, such as Nebraska and Washington, employers can reduce the employee’s wages by the amount of compensation or reimbursement they receive from the court for serving on a jury. In other states, employees are allowed to keep both their jury duty compensation from the court and their regular pay from their employer. Employers should verify their state’s laws regarding the handling of court fees and jury duty pay.

Can employers request that an employee postpone their jury duty service?

Employers can request that an employee seek a postponement or deferral of their jury service in certain cases where the employee’s absence would cause significant disruption to business operations. However, the decision to grant a postponement is ultimately up to the court. Employees have a legal obligation to serve if the court does not grant a postponement.

What should a company’s jury duty policy include?

A comprehensive jury duty policy should cover the following elements:

  • Eligibility for leave (full-time, part-time, temporary employees)
  • Compensation guidelines (paid or unpaid leave, if applicable)
  • Notification and documentation requirements (jury summons, proof of service)
  • Return-to-work expectations after jury service
  • Employee protection from retaliation
  • Any special considerations for postponement or business disruption


Employers should tailor their policy to comply with state-specific laws and communicate it clearly to employees.

How can employees report violations of their jury duty rights?

Employees who believe their rights have been violated can file a complaint with their state’s labor board or department of labor. If the violation involves termination or retaliation, employees may also have the option to file a lawsuit for wrongful termination or seek reinstatement through legal channels. Employers who violate jury duty leave laws may face fines, penalties, or legal consequences.

Can an employer require an employee to work after serving on a jury for several hours?

This depends on state-specific rules. For example, in Nevada, employers cannot require an employee to work within eight hours of completing jury service, or between 5:00 p.m. and 3:00 a.m. on the day of service if the employee has served on a jury for four hours or more. Other states may not have similar work-hour restrictions, but employers are generally expected to be flexible when employees have completed a long day of jury service.

Disclaimer: The content provided on this webpage is for informational purposes only and is not intended to be a substitute for professional advice. While we strive to ensure the accuracy and timeliness of the information presented here, the details may change over time or vary in different jurisdictions. Therefore, we do not guarantee the completeness, reliability, or absolute accuracy of this information. The information on this page should not be used as a basis for making legal, financial, or any other key decisions. We strongly advise consulting with a qualified professional or expert in the relevant field for specific advice, guidance, or services. By using this webpage, you acknowledge that the information is offered “as is” and that we are not liable for any errors, omissions, or inaccuracies in the content, nor for any actions taken based on the information provided. We shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, use of, or reliance on any content on this page.

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About The Author

Roger Wood

Roger Wood

With a Baccalaureate of Science and advanced studies in business, Roger has successfully managed businesses across five continents. His extensive global experience and strategic insights contribute significantly to the success of TimeTrex. His expertise and dedication ensure we deliver top-notch solutions to our clients around the world.

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