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 Leave Handbook Statement: Delaware

    Type:
    Employee Handbooks

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

  • Jury and Witness Duty Leave Handbook Statement: Indiana

    Type:
    Employee Handbooks

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

  • Jury or Witness Duty Leave Handbook Statement: Iowa

    Type:
    Employee Handbooks

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

  • Jury Duty Leave Handbook Statement: Alabama

    Type:
    Employee Handbooks

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

  • Jury or Witness Duty Leave Handbook Statement: North Dakota

    Type:
    Employee Handbooks

    North Dakota 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 North Dakota law should consider including this model policy statement in their handbook.

  • Jury Duty Leave Handbook Statement: Michigan

    Type:
    Employee Handbooks

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

  • Jury Duty Leave Handbook Statement [1-9 employees]: New York

    Type:
    Employee Handbooks

    New York employers with fewer than 10 employees that are seeking to educate employees about the availability of jury duty leave and to demonstrate compliance with New York's jury duty leave law should consider including this model policy statement in their handbook .

  • Jury Duty Leave Handbook Statement [10+ employees]: New York

    Type:
    Employee Handbooks

    New York employers with 10 or more employees that are seeking to educate employees about the availability of jury duty leave and to demonstrate compliance with New York's jury duty leave law should consider including this model policy statement in their handbook.

  • Jury Duty Leave Handbook Statement: Mississippi

    Type:
    Employee Handbooks

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

  • Jury Duty Leave Handbook Statement: Pennsylvania

    Type:
    Employee Handbooks

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