Jury Duty and Employers: What to Do if an Employee Misses Work
It’s likely that one of your team members will be summoned
for jury duty eventually. Although it’s an important civic responsibility, jury
duty can be frustrating for employers because of how unpredictable it is. You
never know whether your worker will be dismissed early or end up on a trial that
lasts weeks or months. What do you do if someone is summoned to jury duty and must
The federal government and most states have laws prohibiting
you from firing or disciplining a staff member because they missed work for
jury duty. Under the Jury Selection
and Service Act, you’re required to give them time off and must
guarantee that they will not lose their jobs because they are serving. You must
also continue to provide benefits during that time.
Can you ask the court to excuse an employee from jury duty?
Some states have laws preventing you from discouraging your
employee from serving their time as a juror. But, you may be able to ask the
court to excuse the worker if you can prove their absence would create a hardship
for your business. In your appeal, include a detailed account of how the team
member’s absence will impact your business and bottom line. If the person is
summoned during a particularly busy time for your company (such as tax season
for accountants), then consider requesting that their service be deferred until
a specific date.
Do you have to pay your employee for their time served on a jury?
If an exempt employee works part of the week while serving
jury duty, then you may be required to pay them their regular salary. Federal law,
however, does not require you to pay nonexempt workers for time served as a