Jury duty and your job: your rights and your employer's

The worry that comes right after "do I have to go?" is usually "what about work?" The short answer is that the law protects your job, but not necessarily your paycheck.

Federal jury service: 28 U.S.C. § 1875

For federal jury service, § 1875 says no employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee because of the employee's jury service, or attendance or scheduled attendance in connection with it. An employer that violates this:

• is liable for lost wages and other benefits;
• can be ordered to stop and to provide other relief, including reinstating an employee who was fired; and
• faces a civil penalty of up to $5,000 per violation for each employee, and may be ordered to perform community service.

The statute also lets the court appoint counsel for an employee who brings a claim.

State jury service

State law protects employees summoned to state courts, and the details vary. Some examples from official state sources:

• Virginia's official Answer Book for Jury Service says your employer can't fire, demote, or otherwise penalize you for missing work while performing jury service. If you appear for four or more hours in a day, including travel, your employer can't require you to start a shift that begins at or after 5:00 p.m. that day, or before 3:00 a.m. the next day.
• Colorado's judicial branch says Colorado statutes set requirements for employers whose employees are called to jury duty, and it publishes a page of information for employers.

Look up your own state's rules through our state directory.

Will I be paid?

The U.S. Courts say your employer may continue your salary during all or part of federal jury service, but federal law doesn't require it. Many employers do pay for some or all of jury service as a matter of policy. Some states require certain employers to pay for a limited number of days, and others don't. Ask your HR department or check the employee handbook. The court's daily fee applies either way. See the pay calculator.

What you should do

1. Tell your employer promptly and in writing, with a copy of the summons. Our employer letter builder writes it for you.
2. Keep in touch about your schedule. Many jurors finish in a day.
3. Get proof of attendance from the jury office for your employer.
4. If your employer pressures you not to serve or punishes you for serving, tell the court's jury office. For federal service, § 1875 provides a remedy. You may also want to talk to an employment lawyer.

If you're self-employed or paid hourly

Legal protection doesn't help much if you simply don't earn when you're not working. Financial hardship is a recognized reason to ask for a postponement, and sometimes an excuse. Be specific about the impact and offer dates that would work better. Use the postponement letter builder.

More state examples, from the statutes

State protections differ in strength and remedies. A few examples checked against the official codes:

• California: Labor Code § 230 says an employer shall not discharge or in any manner discriminate against an employee for taking time off to serve on a jury, if the employee gives reasonable notice before taking the time off. Give notice as soon as you get the summons.
• Florida: Florida Statutes § 40.271 says no person summoned to serve on any grand or petit jury shall be dismissed from employment because of the nature or length of service. Threats of dismissal may be treated as contempt of the court that issued the summons. A dismissed employee can sue for compensatory and punitive damages plus reasonable attorney fees.
• Florida pay interplay: under § 40.24, jurors whose employer keeps paying their regular wages get no court fee for the first 3 days. Everyone receives $30 a day from day 4.

Paid jury leave, taxes and "turning over" the fee

If your employer keeps paying your salary, it may ask you to hand over the juror fee you receive from the court. The IRS covers this case in Publication 525. Jury duty pay must be reported as income on Schedule 1 (Form 1040). If you give it to your employer because your employer continued your salary, you can deduct the amount you turned over as an adjustment to income on Schedule 1. Keep the court's payment record and proof of what you paid your employer.

A practical notice timeline

1. The day the summons arrives: email your manager and HR with a copy or photo of it, and note the reporting date and the possible length.
2. One week before: confirm coverage for your work and ask about the jury pay policy in writing.
3. Each day of service: get an attendance certificate from the jury office.
4. If you're seated on a trial: tell your employer the expected length the court gave you, and update them as it changes.
5. After service: submit your attendance records and any fee turnover paperwork.

Our employer letter builder produces the first notice in a minute.

Shift workers and night workers

Courts usually run during the business day, which creates a "double shift" problem for night workers. Some states address it directly. Virginia's answer book says that if you appear for four or more hours in a day, including travel, your employer can't require you to start a shift beginning at or after 5:00 p.m. that day, or before 3:00 a.m. the next day. Where no such rule exists, ask your employer for the night off and tell the court if the schedule creates a hardship.

Frequently asked questions

Can my employer make me use vacation days? That depends on your state's law and your employer's policy. Some states prohibit requiring vacation or sick time, and others don't address it. Check your state's rules through our state directory.

Do protections cover part-time or temporary workers? The federal statute protects "permanent" employees. State laws vary, so check yours.