Employers are often not enthusiastic when employees are called for jury duty; after all, the employee is not allowed to refuse the summons (though they are sometimes allowed to postpone it), so their absence will have to be covered at work. But while federal law does not require you to provide your employees with leave for jury duty service or provide for a specified period of leave, compensation or benefits, some states and municipalities prohibit employers from docking pay or paid time off when an employee is serving on a jury.
Additionally, most states prohibit employers from firing or penalizing an employee for jury service. Some require you to pay an employee for time not worked. Some states do not require you to pay the employee, but you might be required to allow them the time off without penalty.
Jurors are not usually paid for the first day of service. After that, some states mandate that full-time employees are entitled to their regular wage for up to five days. Other states give jurors
a stipend, often of less than $50 a day. Jurors for federal cases will receive $50 a day after the first day.
Jury duty can last anywhere from one day to several months if employees are selected for trial. Sometimes, a prospective juror can be sequestered — required to stay in a hotel with no outside contact.
Unless the jury is sequestered, you may contact an employee when they're away serving on a jury. Employees may be actively involved in court matters and may not be able to respond, but there are no laws preventing you from contacting employees during their jury service if they are not sequestered.
Creating a jury duty policy
Employers should create a policy outlining the employee's responsibility to inform you of summons to jury duty, payment for time off and how the absence will be covered at work. This policy should be incorporated into the employment manual or handbook.
Your jury duty policy should take the following into consideration:
- State law. What are your rights as an employer under state law? What are the employee's responsibilities?
- Proof of service. Many states will allow you to require your employee to show proof of jury duty. The summons may be enough, but if you'd like further proof, the court should be able to provide signed documentation.
- Communication. When should your employee inform you that they have been called to jury duty? What are their responsibilities for helping to plan for their absence, including if they are sequestered?
- Early dismissal. If the court adjourns early in the day, should your employee return to work? What hour is considered sufficiently early? It is important to keep in mind that the court may be some distance from your workplace.
- Job security. Your employees need to know that their jobs will be waiting when they return.
- Wages and salaries. The policy should outline if and how you'll pay employees for their time on jury duty.
The policy should apply equally to everyone in the company, including you as the employer.
A clear policy will help protect your company, as an employee can sue if they are terminated or retaliated against for serving jury duty.
Further thoughts
Companies often hope to argue that an employee — or even the employer — is so important to the business's day-to-day operations that they cannot be released from work. This decision cannot be made by the company; instead, the company must petition the court by submitting a letter pleading the case for the employee's importance. The court isn't required to honor the request.