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: Kentucky

    Type:
    Employee Handbooks

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

  • Jury Duty Leave Handbook Statement: Nebraska

    Type:
    Employee Handbooks

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

  • Jury Duty Leave Handbook Statement: South Carolina

    Type:
    Employee Handbooks

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

  • Jury Duty Leave Handbook Statement [5+ employees]: Tennessee

    Type:
    Employee Handbooks

    Tennessee employers with five or more employees working on a regular basis that seek to educate employees, including supervisors, about the availability of jury duty leave and to show their compliance with Tennessee's jury duty leave law should consider including this model policy statement in their handbook.

  • Jury Duty Leave Handbook Statement [1-4 employees]: Tennessee

    Type:
    Employee Handbooks

    Tennessee employers with fewer than five employees working on a regular basis that seek to educate employees, including supervisors, about the availability of jury duty leave and to show their compliance with Tennessee's jury duty leave law should consider including this model policy statement in their handbook.

  • Jury Duty Leave Handbook Statement: Kansas

    Type:
    Employee Handbooks

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

  • Jury Duty Leave Handbook Statement: Missouri

    Type:
    Employee Handbooks

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

  • 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.