Employees have the right to take leaves of absence to serve as jurors in federal courts, under the Jury Systems Improvement Act. Federal courts have punished employers for taking adverse employment action in a variety of cases involving employees who took time off to serve on a jury.
In addition, most states prohibit employers from discharging an employee who takes leave to serve on a jury in a state court. The penalty for other forms of reprisal varies based on the conduct involved and from state to state. Regardless of the rules in your state, it's best to accept the fact that employees will occasionally get called to jury duty.
Some states specifically say that an employer doesn't have to pay for the lost time or that it may set off from wages any money received by the employee for juror service. See the map, below, for details.
Based on your state's law, you may want to create a written policy that explains your rules and procedures for employees who are taking leave to serve on a jury. An established procedure will reduce the administrative impact on your business.
Here are some sample leave or time off policies.
Select a state from the map below to get information on jury duty leave for employees: |
Time Off for Jury Duty in Alaska choose another state |
The employer is not required to pay the employee for time spent on jury service. Antidiscrimination provisions. In Alaska, an employer may not deprive an employee of employment or threaten, coerce, or penalize an employee because of a summons for jury service, service as a juror, or attendance in court for prospective jury service. |
Time Off for Jury Duty in Alabama choose another state |
In Alabama, it is an unfair labor practice for an employer not to excuse employees from work for the days required for jury service. Upon notification, an employee is excused from work for the required number of days to serve as a juror in any federal or state court. Effective November 1, 2005, employers are prohibited from requiring employees who serve on juries to use vacation time or sick leave. In addition, automatic postponement of jury service is provided if the employer has five or fewer full-time employees and another employee has already been summoned to serve during the same time period. Jurors may also request initial, one-time postponements. Notice requirements. Employees must show the summons to jury duty to their immediate superior the next workday after receipt. Paid time off. Full-time employees are entitled to their usual pay, less the amount received for jury service. Antidiscrimination provisions. Employees may not be discharged solely because of service on a jury, providing they report for work on their next regularly scheduled hour after being dismissed from any jury. |
Time Off for Jury Duty in Arkansas choose another state |
Arkansas law prohibits discharge, loss of sick leave or vacation time, or any other form of penalty for absences from work for jury duty when an employee gives reasonable notice to the employer that a summons to jury duty was received. |
Time Off for Jury Duty in Arizona choose another state |
An employee's vacation and seniority rights may not be affected by jury service, but the employee need not be paid for lost time. Antidiscrimination provisions. In Arizona, employers must allow employees to be absent for grand jury or trial jury duty and they must not dismiss or penalize employees for absences related to jury duty. |
Time Off for Jury Duty in California choose another state |
California employers may not discharge an employee for taking time off to serve on an inquest or trial jury or to appear as a witness in court if the employee gives reasonable notice to the employer that he or she is required to serve. |
Time Off for Jury Duty in Colorado choose another state |
No employer in Colorado may discharge an employee or threaten to discharge an employee or coerce an employee with threat of discharge because the employee is called to jury service. Further, an employer may make no demands on an employee summoned to jury duty service that would substantially interfere with the effective performance of that service. Upon notice by an employee, a jury commissioner will postpone and reschedule the service of a summoned juror if the juror is regularly employed by an employer with five or less full-time employees or their equivalent, if, during the same period, another employee of the employer has been summoned for jury duty. Paid time off. All regularly employed trial or grand jurors must be paid their regular wages up to $50 per day unless mutually agreed otherwise by the employer and employee by their employers for the first three days of jury service or any part of a day. The court will excuse an employer or self-employed juror from the duty of compensation if it finds the requirement would cause the employer financial hardship. Failure to compensate an employee for the first three days or part days of jury duty service without excuse from the court makes the employer liable to the employee for the unpaid compensation. |
Time Off for Jury Duty in Connecticut choose another state |
Connecticut employers may not deprive an employee of employment or threaten or coerce an employee for the reason that the employee receives a summons or serves as a juror. Paid time off. Full-time employees (those normally working 30 or more hours per week) must be paid their regular wages for the first five days or part days of jury duty service. Employers are liable to employees for failure to compensate for the first five days of jury duty but, on a showing of extreme financial hardship, the compensation requirement may be waived. |
Time Off for Jury Duty in District of Columbia choose another state |
Employers in the District of Columbia may not deprive an employee of employment, threaten, or coerce an employee because the employee receives or responds to a summons, serves as a juror, or attends court for prospective jury service. |
Time Off for Jury Duty in Delaware choose another state |
Delaware law states that an employer may not threaten, coerce, or deprive an employee of employment because of a summons to serve as a juror or attendance in court for prospective jury service. Paid time off. Juror's pay may not be docked. By statute, jurors are paid a per diem rate of $20 as compensation for expenses associated with jury duty. Employers may not consider this reimbursement as pay and make a deduction from wages in a like amount. |
Time Off for Jury Duty in Florida choose another state |
In Florida, no person summoned or accepted to serve on any grand or petit jury in the state may be dismissed from employment because of the nature or length of jury service. Paid time off. Jury duty leave is unpaid leave in Florida. |
Time Off for Jury Duty in Georgia choose another state |
Georgia law provides that it is unlawful for any employer to discharge, discipline, or otherwise penalize an employee for the reason that the employee is attending a judicial proceeding in response to a summons for jury duty, subpoena or other court order. Threats to take such action are also unlawful. Notice requirements. Employers may require that employees give reasonable notice of the need for jury duty leave. Paid time off. According to a 1989 Georgia Attorney General Opinion, an employee is entitled to be paid his or her salary while missing work to serve on jury duty. |
Time Off for Jury Duty in Hawaii choose another state |
In Hawaii, an employer may not deprive an employee of employment, threaten or otherwise coerce the employee because of jury duty. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Iowa choose another state |
An Iowa employer must not deprive an employee of employment or threaten or otherwise coerce the employee for the reason that the employee receives a notice to report for jury service, serves as a juror, or attends court for prospective jury service. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Idaho choose another state |
An Idaho employer may not discharge, threaten, or coerce an employee for the reason that the employee is summoned to serve or serves on a jury. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Illinois choose another state |
In Illinois, an employee who is not legally disqualified to serve on juries must be given time off from employment to serve on a jury when summoned, regardless of the shift worked by the employee. Accordingly, the employer may not deny an employee time off for jury duty because the employee works nights, that is, the employer may not require a night shift worker to work the night shift while on jury duty during the day. Notice requirements. Employees must give their employers reasonable notice of the need for jury duty leave by delivering a copy of the summons to the employer within 10 days of issuance. Paid time off. The employer is not required to compensate the employee for the time taken off for jury duty. Antidiscrimination provisions. Employers may not discharge, threaten to discharge, intimidate, or coerce any employee because of the employee's jury service. |
Time Off for Jury Duty in Indiana choose another state |
An employer in Indiana that knowingly or intentionally dismisses an employee, deprives an employee of employment benefits or threatens dismissal or deprivation of benefits because the employee is summoned to jury duty commits a Class B misdemeanor. Effective July 1, 2006, if a person is summoned to serve as a juror and notifies his or her employer of the jury summons within a reasonable period of time after receiving the jury summons and before the person appears for jury service, then the person's employer may not subject the person to any adverse employment action as a result of the person's jury service. An employee can not be required or requested to use annual vacation or sick leave for time spent responding to a summons for jury service; participating in the jury selection process; or serving on a jury. An employer is not required to provide annual vacation or sick leave to an employee who is not otherwise entitled to these benefits. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Kansas choose another state |
Employers in Kansas may not discharge or threaten to discharge a permanent employee because of jury service or court attendance in connection with jury service. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Kentucky choose another state |
Kentucky law provides that an employer may not deprive an employee of employment, threaten, or otherwise coerce the employee for the reason that the employee receives a summons, responds to the summons, serves as a juror, or attends court for prospective jury service. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Louisiana choose another state |
In Louisiana, no employer may discharge or otherwise subject to any adverse employment action any employee called to serve or serving on jury duty without cause. Employers cannot make, adopt, or enforce any rule, regulation, or policy providing for the discharge of any employee who has been called to serve, or who is presently serving on, any grand jury or on any jury at any criminal or civil trial, provided the employee notifies his or her employer of the summons within a reasonable period of time after receipt of a summons and prior to his or her appearance for jury duty. Paid time off. Any person who is regularly employed in Louisiana who is called to serve on a state petit or grand jury is entitled to up to one day's leave of absence for the time required for jury duty. The individual may not lose any wages, sick, emergency or personal leave, or any other benefits on account of the jury service leave of absence. An employer that violates this provision is required to pay the employee full wages for one day of the period the employee missed for jury service, without reduction in sick, emergency or personal leave, or any other benefit. |
Time Off for Jury Duty in Massachusetts choose another state |
Massachusetts law provides that it is unlawful to discharge an employee for the reason that the employee is required to serve as a juror. Paid time off. An employee must be paid regular wages for the first three days, or part thereof, of juror service. The court has the authority to excuse an employer from the duty to compensate an employee serving as a juror upon a finding that extreme financial hardship would be imposed upon the employer if this duty were not removed. |
Time Off for Jury Duty in Maryland choose another state |
Maryland law provides that employers may not deprive an employee of employment solely because of job time lost by the employee as a result of responding to a jury summons or as a result of attending court for service or prospective service as a petit or grand juror. Effective July 1, 2005, an employer can not require an employee to use his or her annual, vacation or sick leave to respond to a summons or for service on a petit jury. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Maine choose another state |
Maine law provides that an employer may not deprive an employee of employment or health insurance coverage, or threaten or otherwise coerce the employee with the loss of employment or health insurance coverage for the reason that the employee receives or responds to a summons for jury service, serves as a juror or attends court for prospective jury service. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Michigan choose another state |
Michigan employers may not discharge, discipline or threaten an employee who is called to jury duty. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Minnesota choose another state |
In Minnesota, an employee may not be deprived of employment for the reason that the employee receives a summons, responds to the summons, serves as a juror, or attends court for prospective jury service. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Missouri choose another state |
In Missouri, employers may not terminate, discipline, threaten or take adverse actions against an employee on account of that employee's receipt of or response to a jury summons. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Mississippi choose another state |
In Mississippi, employers must not attempt to persuade any employee to avoid jury service or threaten any employee concerning jury service. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Montana choose another state |
Montana has no law on providing employees jury duty leave. |
Time Off for Jury Duty in North Carolina choose another state |
In North Carolina, no employer may discharge or demote any employee for the reason that the employee has been called for jury duty or is serving as a grand juror or petit juror. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in North Dakota choose another state |
North Dakota law provides that an employer may not deprive an employee of employment, or lay off, penalize, threaten or otherwise coerce an employee who receives and responds to a summons or subpoena, serves as a juror or witness, or attends court for jury service. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Nebraska choose another state |
In Nebraska, it is unlawful to discharge an employee or cause the employee to lose wages, vacation or sick leave benefits because of absence for jury duty if the employee gave the employer reasonable notice. Paid time off. The employer may reduce the employee's pay by the amount equal to any compensation, other than expenses, paid by the court for jury duty. |
Time Off for Jury Duty in New Hampshire choose another state |
New Hampshire law provides that no employee may be deprived of employment, threatened, or coerced because of jury service. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in New Jersey choose another state |
All employers, public and private, are prohibited from penalizing, threatening, or otherwise coercing an employee because the employee is required to attend court for jury service. Paid time off. No jury duty pay specified for private employers. |
Time Off for Jury Duty in New Mexico choose another state |
In New Mexico, it is unlawful for an employer to deprive an employee of employment or to threaten or otherwise coerce him or her for the reason that the employee receives a summons, attends court or serves as a juror. In addition, an employer can not require or request an employee to use his or her annual, vacation or sick leave for time away from work spent responding to a summons for jury service, participating in the jury selection process, or serving on a jury. Postponement and rescheduling of service on a petit jury is allowed if the summoned employee is (1) employed by an employer having five or fewer full-time employees and another employee has already been summoned to appear during the same time period; (2) the only person performing particular services that are essential to the operation of a business, commercial or agricultural enterprise such that the enterprise would have to close or cease to function if the person were to be required to perform jury service; or (3) required to attend to an emergency as determined by the judge. Individuals may also request postponement of their initial jury service. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Nevada choose another state |
In Nevada, an employer may not deprive a person who is a juror or who has received a summons to appear for jury duty of employment. Notice requirements. Summons to appear for jury duty must be accompanied by a notice to the employer and the notice must be given to the employer at least one day before appearing for jury duty. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in New York choose another state |
In New York, any person summoned to serve as a juror who notifies his or her employer of the need to take time off to serve on a jury, shall not be subject to discharge or penalty because of the absence. Paid time off. Employers may withhold wages during the term of jury duty, provided that employers with more than 10 employees that do not have a policy of paying employees wages during jury service are required to pay the first $40 of an employee's wages during the first three days of jury service. Employers who violate the provision will be charged with criminal contempt. |
Time Off for Jury Duty in Ohio choose another state |
In Ohio, no employer may discharge or threaten to discharge any permanent employee who gives reasonable notice of required jury service for a court of common pleas and who is absent from work because of the jury service. Employers may not take disciplinary action that could lead to discharge against employees that are subpoenaed to serve on a jury. Employers are also prohibited from requiring employees to use annual, vacation or sick leave in connection with jury service. A court may automatically postpone and reschedule a summoned juror's service if an employer with 25 or less full-time employees has another employee already summoned to appear during the same term or part of the term for which the employee is summoned. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Oklahoma choose another state |
Effective July 1, 2004, an employee summoned to serve as a juror who notifies his or her employer of the summons within a reasonable time after receipt of the summons and prior to serving, may not be terminated, removed or otherwise subject to adverse employment action as a result of the service. In addition, employees can not be required to use any annual vacation or sick leave they may be entitled to for time spent responding to a jury duty summons, time spent participating in the jury selection process, or time spent actually serving on a jury. A court will be required to automatically postpone and reschedule the service of a summoned juror who is employed by an employer having five or less full-time employees or their equivalent if another employee of that employer has previously been summoned to appear during the same period. This exception does not affect an individual's right to request postponement of jury service, which may be done only once. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Oregon choose another state |
In Oregon, it is unlawful for an employer discharge, threaten to discharge, intimidate or coerce any employee because of the employee's service or scheduled service as a juror on a grand jury, trial jury or jury of inquest. Paid time off. While the law does not require that jury duty leave be paid leave, an employer may have a policy or agreement with its employees concerning the continuation of wages during the period of jury duty service. |
Time Off for Jury Duty in Pennsylvania choose another state |
Pennsylvania law provides that no employer may deprive an employee of employment or threaten or otherwise coerce him or her for the reason that the employee receives a summons, attends court for prospective jury service, or serves as a juror. The law specifies that an employer is not required to compensate the employee for time lost, and it does not apply to any employer in the retail or service industry with fewer than 15 employees or any employer in the manufacturing industry with fewer than 40 employees. Any person not entitled to reemployment shall, upon request, be excused from grand jury service. |
Time Off for Jury Duty in Puerto Rico choose another state |
Employers may not discharge, threaten to discharge, reduce the salary, demote or impose onerous working conditions on an employee because the employee is summoned to serve or has served as a juror Paid time off. Any person who has had to be absent from employment to act as a juror may, at such person's discretion, charge the time away from work to the person's regular vacation leave. |
Time Off for Jury Duty in Rhode Island choose another state |
In Rhode Island, it is unlawful to discriminate against employees because of jury duty in terms of loss of position, wage increases, promotions, longevity benefits, or any other emolument. Paid time off. In the absence of a contract or collective bargaining agreement, employers are not required to pay employees for the period of jury duty. |
Time Off for Jury Duty in South Carolina choose another state |
No employee in South Carolina who is otherwise eligible for benefits may be denied benefits with respect to any week that the employee is required to serve as a juror. Further, South Carolina employers may not dismiss or demote an employee who serves as a juror. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in South Dakota choose another state |
South Dakota law provides that it is unlawful to discharge or suspend an employee because of jury service. Paid time off. The temporary leave of absence while performing jury duty may be with or without pay at the discretion of the employer. Antidiscrimination provisions. Any employee serving as a juror must retain and be entitled to the same job status, pay, and seniority as he had prior to performing jury duty. |
Time Off for Jury Duty in Tennessee choose another state |
In Tennessee, employers may not discharge or in any manner discriminate against an employee because the employee is summoned for jury duty and gives the required notice prior to taking jury duty leave This provision does not apply to employers who regularly employ less than five employees. Additionally, employees summoned for jury duty that work a night shift or a shift preceding the hours in which court is normally held, must be granted leave for the shift immediately preceding the employee's first day of jury duty. After the first day of service, when the employee's responsibility for jury duty exceeds three hours a day, then the employee must be granted leave from the next scheduled work period occurring within 24 hours of such day of jury duty. Notice requirements. An employee summoned for jury duty must exhibit the summons to the employer the next working day to be excused from employment for jury duty, if such service exceeds three hours. Upon request of the juror prior to each day's service, the person responsible shall provide the juror's employer with a statement that shows the number of hours that an employee spent serving as a juror if service was less than three hours. Paid time off. The employee is entitled to the usual compensation for employment, less the fee received for jury service (the employer has discretion not to deduct the fee). |
Time Off for Jury Duty in Texas choose another state |
In Texas, a private employer cannot discharge a permanent employee for serving as a juror. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Utah choose another state |
Utah law provides that employers may not deprive employment, threaten or otherwise coerce an employee because the employee is summoned and responds to jury duty or prospective jury duty. |
Time Off for Jury Duty in Virginia choose another state |
Virginia law provides that employers may not discharge, take adverse personnel action, or require the use of sick leave or vacation time because of absence from work due to jury duty, if the employee provided reasonable notice. Effective July 1, 2005, no person who serves on jury duty for four or more hours can be required to start any workshift that begins on or after 5:00 p.m. on the day of jury service or begins before 3:00 a.m. on the day following the day of jury service. Notice requirements. Employees must give employers reasonable notice before taking jury duty leave. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Virgin Islands choose another state |
No information available. |
Time Off for Jury Duty in Vermont choose another state |
Vermont law provides that no employer may discharge an employee by reason of his or her service as a juror, nor penalize or deprive him or her of any benefit that is discriminatory between the employee and other employees who do not serve as jurors. It is unlawful to fail to consider employees serving jury duty to be in the service of the employer regarding seniority, fringe benefits, vacation credit, and other privileges of employment. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Washington choose another state |
Washington law provides that it is unlawful to deprive an employee of employment or a promotional opportunity because of jury duty or for this reason harass, threaten, or coerce an employee. The employer must provide the employee with sufficient leave of absence to serve as a juror when summoned. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in Wisconsin choose another state |
In Wisconsin, employers may not discipline or discharge employees because of jury service. Paid time off. No jury duty pay specified. |
Time Off for Jury Duty in West Virginia choose another state |
West Virginia law provides that it is unlawful to terminate or threaten to terminate or decrease the regular compensation of employment of an employee for the time the employee was away from work because of jury duty. Paid time off. Employees need not be paid for lost time. Antidiscrimination provisions. It is unlawful to discriminate against an employee because of jury duty. |
Time Off for Jury Duty in Wyoming choose another state |
In Wyoming, it is unlawful to discharge or intimidate an employee absent from work because of jury duty. Paid time off. No jury duty pay specified. |
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