JURY DUTY LEAVES FOR EMPLOYEES

While serving as a juror is a civic duty, there are situations where you may be excused from jury duty due to:

• Sickness
• Serious hardship or loss that jury service may cause to you or others
• Religious beliefs
• Living an unreasonable distance from the court (e.g., due to a move)

You can request a deferral (rescheduling your jury service to a later date) or an excusal (being fully excused from jury duty for this year).

Requests are evaluated on a case-by-case basis by a judge or, for some deferral requests, by the local sheriff. You may need to provide supporting documentation via email, such as receipts for booked travel, or a driver’s license, utility bills, or a purchase or lease agreement with your new address.

The judge may:

• Excuse you
• Ask you to participate at a later date
• Require you to attend jury duty

No, jury duty leave is generally unpaid, and there is no automatic right to paid leave. Whether you receive paid leave depends on your employment contract or company policy. However, employers are required to allow employees time off for jury duty and for serving as a juror.

During jury duty or leave for jury duty, your employment is considered continuous, preserving entitlements such as annual vacation and other benefits. Employees are entitled to any wage and benefit increases they would have received if they were not on leave. After the leave ends, employers must reinstate the employee to the same or a comparable position.

An employee can be terminated while on jury duty leave, or when they return, but they cannot be terminated because they took a leave. Generally, if an employee is terminated while on jury duty leave, they would be entitled to notice or severance pay as usual.

Employers are not legally required to pay an employee’s salary during jury duty. Jurors receive the following payments from the court:

• Days 1 to 10: No fee
• Days 11 to 49: $40 per day
• Day 50 to the end of the trial: $100 per day (though trials of this length are rare)

If the trial lasts longer than 10 days, the court where the trial is taking place will arrange payment. There is no allowance for childcare expenses or parking.

We can help employers and employees understand their rights and obligations regarding jury duty. We can also represent them to enforce these rights. Remember, the information provided here is a simplified summary, and it’s essential to consult with legal professionals for specific advice related to your situation.