Jury Duty

Editor's Note: Be sure to comply with state jury duty laws.

Melissa S. BurdorfOverview: Juries are critical to the functioning of the US legal system. In order to ensure jury participation, federal and state laws require that employers allow eligible employees to participate in jury service without the risk of termination, demotion or other unfavorable (adverse) employment action. Employees must be reinstated to their positions upon the conclusion of jury duty.

Generally, employers may ask employees to provide prompt notification of the need for leave and may request documentation of the need, such as a jury summons or a letter from the court clerk. The amount of time an employee spends on jury duty is not in the employer's control; rather, it varies based on the court proceeding. Employers should have a written policy that sets the parameters of an employee's absence for jury duty or court appearances (e.g., as a witness). The policy should be clearly communicated to all employees. Multistate employers may want to have a policy that follows the state law with the greatest benefit to employees.

Trends: On top of jury duty leave and witness leave, some states also provide for crime victim's leave and/or domestic violence leave. Generally, these laws require employers to provide employees with an unpaid leave of absence when the employee is the victim of a crime or domestic violence (or is a representative or family member of the victim), in order for the employee to participate in court proceedings related to the crime.

Author: Melissa S. Burdorf, JD, Legal Editor

Latest items in Jury Duty

  • Jury Duty Handbook Statement: North Carolina

    Type:
    Employee Handbooks

    North Carolina employers seeking to educate employees, including supervisors, about the availability of leave for service as a juror and to show their compliance with North Carolina's jury duty leave law should consider including this model policy statement in their handbook.

  • Jury Duty Leave Handbook Statement: Vermont

    Type:
    Employee Handbooks

    Vermont employers seeking to educate employees, including supervisors, about the availability of leave for service as a juror and to demonstrate their compliance with Vermont's jury duty leave law should consider including this model policy statement in their handbook.

  • Jury Duty Leave Handbook Statement: Colorado

    Type:
    Employee Handbooks

    Colorado employers seeking to educate employees about the availability of jury duty leave and to demonstrate compliance with Colorado's jury duty leave law should consider including this model policy statement in their handbook.

  • Jury Duty Leave Handbook Statement: Virginia

    Type:
    Employee Handbooks

    Virginia employers seeking to educate employees, including supervisors, about the availability of leave for service as a juror or a witness and to show their compliance with Virginia's jury duty leave law should consider including this model policy statement in their handbook.

  • Jury Duty Handbook Statement: New Hampshire

    Type:
    Employee Handbooks

    New Hampshire employers seeking to educate employees, including supervisors, about the availability of paid leave for service as a juror and to show their compliance with New Hampshire's jury duty leave law should consider including this model policy statement in their handbook.

  • Jury Duty Leave Handbook Statement: Nevada

    Type:
    Employee Handbooks

    Nevada employers seeking to educate employees, including supervisors, about the availability of jury duty leave and to demonstrate their compliance with Nevada's jury duty leave law should consider including this model policy statement in their handbook.

  • Jury and Witness Duty Leave Handbook Statement: Wisconsin

    Type:
    Employee Handbooks

    Wisconsin employers seeking to educate employees, including supervisors, about the availability of leave for service as a juror or as a witness in certain judicial proceedings and to show their compliance with Wisconsin's jury and witness duty leave laws should consider including this model policy statement in their handbook.

  • Jury Duty Leave Handbook Statement: Massachusetts

    Type:
    Employee Handbooks

    Massachusetts employers seeking to educate employees about the availability of jury duty leave and to demonstrate compliance with Massachusetts's jury duty leave law should consider including this model policy statement in their handbook.

  • Jury Duty Leave Handbook Statement: Wyoming

    Type:
    Employee Handbooks

    Wyoming employers seeking to educate employees, including supervisors, about the availability of leave for service as a juror and to show their compliance with Wyoming's jury duty leave law should consider including this model policy statement in their handbook.

  • Jury Duty Leave Handbook Statement: Louisiana

    Type:
    Employee Handbooks

    Louisiana employers seeking to educate employees, including supervisors, about the availability of jury duty leave and to demonstrate their compliance with Louisiana's jury duty leave law should consider including this model policy statement in their handbook.