Jury Duty Leave

Jury duty leave is time off work for an employee who has been summoned to serve on a jury or to take part in jury selection. It covers the days in court and, depending on your policy, the travel and waiting time around them.

Employers cannot simply say no. Federal law protects employees who serve on federal juries, and states add their own rules on job protection and pay. The pay question is where most employers get tripped up, especially for salaried staff.

Is Jury Duty Leave Protected by Law?

Yes. Under 28 U.S.C. 1875, an employer may not discharge, threaten to discharge, intimidate, or coerce a permanent employee because of jury service in a United States court. The statute applies to scheduled service as well as service already underway.

The penalties are real. An employer that violates the law can be liable for lost wages and benefits, ordered to reinstate the employee, and fined up to $5,000 for each violation as to each employee. A reinstated employee is treated as having been on leave during jury service, so seniority and benefit eligibility are kept.

States add their own protections for people called to state and local courts. The rules differ, so check the state where the employee works.

Do Employers Have to Pay for Jury Duty?

Federal wage law sets a low floor. The Fair Labor Standards Act does not require payment for time not worked, so it does not require an employer to pay regular wages while an employee is on a jury.

Some states do require employers to pay something, and others do not. A few set a daily dollar amount or a limited number of paid days. Because the answer changes by state, a multi-state employer needs a rule for each location rather than one nationwide answer.

Many employers choose to pay for at least a set number of days. If you do, write the limit into the policy.

How Does Jury Duty Affect Exempt and Non-Exempt Employees?

For exempt employees, pay deductions are restricted. Under 29 CFR 541.602, an employer cannot deduct from the pay of an exempt employee for absences caused by jury duty. It can offset jury fees the employee receives against the salary due for that week without losing the exemption.

The offset rule only works within the same week. Apply it consistently, and document how you calculated each payment.

What Should a Jury Duty Policy Say?

Good policies explain what employees should do the day they receive a summons. They also say what the company will pay, so managers do not improvise. Keep it short and put it in the handbook with your other time away rules.

• Employees give notice and share a copy of the summons as soon as they receive it
• Whether the company pays, for how many days, and how jury fees are handled
• What proof of service is required afterward
• What employees should do if they are released early, such as returning to work for the rest of the day
• A statement that no one will be disciplined or treated differently for serving

Ask managers to plan coverage rather than to push employees to postpone service. Courts may excuse employees for hardship, but the employee, not the employer, makes that request.

How Is Jury Duty Different From Other Leave?

Jury duty is short, legally compelled, and often unpredictable. That sets it apart from a general leave of absence, which an employee usually requests for a medical, family, or personal reason.

Because the summons comes with little notice, your policy should not require advance approval the way a vacation request would. Track the time off separately so it does not reduce PTO.

How Does HR Cloud Fit Into Jury Duty Leave?

HR Cloud's time off tracking software supports custom leave types, each with its own policy, accrual schedule, and balance. You can create a jury duty type with an approval chain, and the audit history records requests, approvals, denials, and balance adjustments.

The page does not list jury duty as a built-in type or describe state jury pay rules. HR has to set the paid days and offset rules, then build the leave type around them.

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Frequently Asked Questions

Q: What is jury duty leave?

A: Jury duty leave is time off for an employee summoned to serve on a jury or attend jury selection, protected by federal law for federal courts and by state laws for state courts.

Q: Can an employer fire someone for jury duty?

A: Not for federal jury service. The statute bars discharging, threatening to discharge, intimidating, or coercing a permanent employee because of jury service in a United States court.

Q: Do employers have to pay employees on jury duty?

A: Federal wage law does not require pay for time not worked. Some states require employers to pay something, so check the state where the employee works.

Q: Can I dock an exempt employee's salary for jury duty?

A: No. You cannot deduct from an exempt employee's pay for jury duty absences, although you can offset jury fees against that week's salary.

Q: Can an employer require employees to use PTO for jury duty?

A: That depends on state law and your policy. Check local rules before charging jury duty to a PTO balance.

Q: What penalties can employers face?

A: Lost wages and benefits, reinstatement, and a civil penalty of up to $5,000 per violation per employee under the federal statute.