Employer Obligations for Jury Duty Leave
What employers legally must do when employees are called for jury duty. Understand federal protections, state-specific pay requirements, and best practices for handling jury service leave.
Key Employer Requirements
Must Allow Leave
All employers must allow employees time off for jury duty. This is a federal protection.
Job Protection
Cannot fire, demote, or retaliate against employees for serving. Violations are serious offenses.
Pay Requirements
Most states don't require pay, but several states mandate partial or full wages.
Federal Employment Protections
The Jury Systems Improvement Act (28 U.S.C. § 1875) provides strong federal protections for employees serving jury duty:
- Employers cannot discharge employees for federal jury service
- Employers cannot threaten, intimidate, or coerce employees
- Violations can result in civil penalties and damages
- Courts can order reinstatement with back pay
Additionally, all 50 states have their own laws protecting employees from retaliation for serving on juries in state and local courts.
States Requiring Employer Pay
While federal law doesn't require employers to pay wages during jury duty, several states mandate compensation:
States with Mandatory Employer Pay
Connecticut
Full wages for first 5 days
Massachusetts
Full wages for first 3 days
New York
$40/day for first 3 days (10+ employees)
Colorado
Regular wages for first 3 days (3+ employees)
Nebraska
Regular wages during jury service
Tennessee
Usual compensation minus jury pay
Alabama
Regular pay (state/local government employees)
Georgia
Regular pay (state/local government employees)
Note: Requirements may change. Always verify current state laws.
Best Practices for Employers
1. Create a Clear Policy
Develop a written jury duty policy that covers:
- Whether you pay full, partial, or no wages
- How jury pay is handled (kept by employee or turned over)
- Documentation requirements (summons, attendance certificates)
- How to request time off
2. Don't Penalize Employees
Beyond the legal requirements, avoid:
- Negative performance reviews related to jury service
- Denying promotions or raises
- Creating a hostile environment
- Pressuring employees to seek excusal
3. Support Employees During Service
Consider going beyond minimum requirements:
- Pay full salary during jury duty (builds loyalty)
- Allow remote work on non-court days
- Don't require PTO usage
- Provide flexibility for trial schedules
4. Handle Exempt Employees Correctly
Under FLSA regulations for exempt employees:
- Must pay full weekly salary if any work is performed that week
- Can offset jury pay against salary
- Cannot dock pay for partial-day absences
- Can require employees to work remaining hours
Legal Consequences of Violations
Employers who violate jury duty protections face serious consequences:
- Civil penalties: Up to $5,000 per violation for federal cases
- Contempt of court: Criminal charges are possible
- Back pay and reinstatement: Courts can order full compensation
- Attorney fees: Employer may pay employee's legal costs
- Damages: Additional compensation for harm caused
Calculate Jury Duty Pay by State
Find state-specific jury duty pay rates and employer requirements.
View State Calculators