Employer Obligations for Jury Duty Leave

When an employee receives a jury duty summons, employers must navigate a set of federal and state obligations. While federal law provides limited protections, state laws vary widely on issues such as pay during jury service, job protection, and permissible employer actions.

Federal Law

Federal law provides basic protections for employees serving on federal juries:

• The Jury Systems Improvement Act of 1978 prohibits employers from terminating, intimidating, or coercing any permanent employee because of federal jury service
• Violations can result in civil penalties and reinstatement with back pay
• Federal law does not require employers to pay employees during federal jury service

For state jury service, protections are governed by state law rather than federal law.

State Law Variations

State jury duty laws vary significantly:

• Job protection: Most states prohibit employers from terminating or penalizing employees for responding to a jury summons
• Pay requirements: A minority of states require employers to pay employees during jury service, at least for a limited number of days. Most states do not require paid jury duty leave.
• Small employer exemptions: Some states exempt small employers from pay requirements
• Length of leave: Some states limit the duration of required leave or provide for postponement procedures
• Proof requirements: Employers may generally require employees to provide proof of jury service

Examples of state variations:

• Alabama requires employers to pay full-time employees their regular wages during jury service
• Colorado requires employers to pay regular wages for the first three days of service
• New York requires employers to pay the first $40 per day for the first three days
• Most states have no pay requirement at all

Practical Considerations

When an employee is called for jury duty:

• Request a copy of the summons for your records
• Determine whether your state requires paid or unpaid leave
• Inform the employee about your policy regarding jury duty pay
• Adjust schedules and workloads to accommodate the employee's absence
• Do not pressure the employee to request postponement or exemption
• Expect that the duration of service may be uncertain

Managing Exempt Employees During Jury Duty

For exempt employees, the FLSA salary basis rules create specific considerations:

• If an exempt employee works any part of a workweek and is absent for jury duty the remainder, you must pay the full weekly salary
• You may offset the salary with any jury duty fees the employee receives
• You cannot dock an exempt employee's pay for partial-week absences due to jury duty without risking the overtime exemption

Developing a Jury Duty Policy

Your policy should address:

• Whether you provide paid jury duty leave and for how long
• Whether employees must provide advance notice and documentation
• Whether employees are expected to report to work on days when they are released early from jury service
• Whether you require employees to turn over jury duty pay (if you are paying their regular wages)
• How jury duty leave interacts with other leave policies
• That no retaliation will occur against employees who serve on a jury