Jury Duty Leave Laws for Employees: 50-State Survey under Employment Law
🏛️ I. Introduction to Jury Duty Leave
Jury duty leave pertains to the time an employee is permitted to be absent from work to serve on a jury. While federal law does not mandate employers to pay employees during jury service, many states have enacted laws requiring job protection and, in some cases, compensation.
⚖️ II. Federal Overview
Under the Fair Labor Standards Act (FLSA), employers are not obligated to pay employees for time not worked, including jury duty. However, the Uniformed Services Employment and Reemployment Rights Act (USERRA) ensures that employees who are absent due to military service, including jury duty, are entitled to the same benefits as other employees on leave.
🗺️ III. State-Specific Jury Duty Leave Laws
🗽 New York
Protection: Employees cannot be discharged or retaliated against for attending jury duty.
Compensation: Employers are not required to pay employees during jury service. However, some employers may choose to provide compensation.
Case Law: Smyth v. Pillsbury Co. (1992) – The court held that an employer's termination of an employee for serving on a jury violated public policy, as jury duty is a civic responsibility.
🌉 California
Protection: Employees are protected from discharge or discrimination for taking time off to serve on a jury.
Compensation: Employers are not required to pay employees during jury service. However, employees may use accrued paid leave if available.
Case Law: California Labor Code Section 230 – This statute prohibits employers from discharging or retaliating against employees for attending jury duty.
🌟 Texas
Protection: Employees are entitled to job protection during jury service.
Compensation: Employers are not required to pay employees during jury service. However, salaried exempt employees may be entitled to full salary during jury service under federal law.
Case Law: Borse v. Piece Goods Shop, Inc. (1992) – The court ruled that an employer's termination of an employee for serving on a jury violated public policy.
🏛️ Federal Employees
Protection: Federal employees are entitled to court leave for jury service without loss of pay.
Compensation: Federal employees continue to receive their regular salary during jury service.
Case Law: Entitlement to Leave of Absence for Jury Duty (1981) – The General Accounting Office concluded that federal employees are entitled to court leave for jury service without loss of pay.
🧾 IV. Employer Best Practices
Employers are encouraged to:
Provide Written Policies: Clearly outline jury duty leave policies in employee handbooks.
Ensure Compliance: Adhere to federal and state laws regarding jury duty leave.
Maintain Open Communication: Encourage employees to inform their supervisors promptly upon receiving a jury summons.
🧭 V. Conclusion
Jury duty leave laws vary across states, with some requiring job protection and others mandating compensation. Employers must familiarize themselves with the specific laws in their jurisdiction to ensure compliance and support employees fulfilling this civic duty.
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