Employer Obligations for Jury Duty Leave

As a small business owner, it’s important to understand your obligations when one of your team members is called for jury duty. Sure, having an employee out for several days may not be ideal for a small business, but jury duty is an important civic responsibility that employers are obligated to accommodate. 

Not sure what your business is required to do when an employee needs time off from work for jury duty? Don’t worry – we’ve got your back. Justworks is here to help small business owners and managers navigate key employer compliance obligations, including jury duty leave. 

Understanding Jury Duty Leave: Legal Requirements 

Jury duty leave refers to the time an employee takes off from work when called for jury duty, whether they are participating in jury selection or actually sitting on a jury. This type of leave is protected by law. An employer cannot penalize an employee for fulfilling their civic obligation for jury duty. Key legal obligations every employer needs to be aware of include: 

Specific jury duty leave laws can vary by state or even municipality, but there are some common obligations that most employers need to be aware of. For example: 

• Job Protection: Jury duty leave is protected. Employees cannot be terminated or subjected to adverse employment actions for attending jury duty. 

• Notice Requirements: Employees should provide their employer with reasonable notice upon receiving a jury summons, and this should be stated in your company’s policies.

• Duration of Leave: Employers must allow employees the necessary time to serve on a jury. This can range from a day to several weeks, depending on whether they are selected for a jury and what type of case they are seated on.

Jury Duty Pay: What Employers Need to Know

One of the most common questions employers have is whether they are required to pay employees during jury duty leave. This can depend on local laws and the company's policies.

Federal vs. State Laws

Federal law does not require employers to pay non-exempt employees for jury duty leave in the United States, though exempt employees must generally be paid their full salary for any week they perform work for their employer. This means that the pay of an exempt employee who is on jury duty for only part of a week cannot be reduced when they are on jury duty. 

Additionally, many states have laws requiring some form of compensation for all employees on jury duty. It's essential to familiarize yourself with the laws specific to your state. Some states go so far as to require employers to pay even non-exempt employees as if they were working their ordinary schedule while on jury duty, while others don’t require any pay for jury duty leave. Some states base pay requirements on an employee’s length of employment. 

Company Policies

Even where not required by law, many companies choose to offer pay for jury duty leave pay as an employee benefit. Providing paid leave can help maintain employee morale and play a role in building a positive employer brand for the company by demonstrating a commitment to civic responsibility. If your company provides jury duty pay, it’s important to outline the policy in the employee handbook clearly.

Jury Duty Exemptions

Certain employees may be exempt from jury service, either due to the nature of their job role or personal circumstances. Understanding these exemptions can help you manage workforce disruptions more effectively.

Common Exemptions

• Essential Employees: Individuals in critical roles, such as healthcare workers or emergency responders, may be exempt from jury duty.

• Small Business Owners: In some cases, small business owners may be exempt if their absence would severely impact business operations.

• Personal Hardship: Employees may be exempt if serving on a jury would cause them to experience significant personal or financial hardship.

Requesting an Exemption

If an employee qualifies for an exemption, they must typically request this through the court system that has called them for jury duty. As an employer, you can support their request by providing documentation that outlines the employee’s critical role or the potential impact on business operations.

Employer Best Practices for Managing Jury Duty Leave

The time to decide how you will handle jury duty leave at your business is before you are faced with the reality of making such a decision. Managing leave for jury duty effectively requires clear communication and planning. Here are some best practices to help you navigate this process:

Develop a Clear Policy

Having a well-defined jury duty leave policy in place can help prevent confusion when an employee is called for jury duty and help ensure compliance with legal requirements. This type of policy should include: 

• Procedures for notifying the employer about a jury summons

• Details on jury duty pay, if applicable

• Information on how to request exemptions

• Clarity about state-by-state differences, if applicable

Open communication is key when managing jury duty leave. It’s best practice to encourage employees to notify you as soon as they receive a jury summons and to provide them with documentation of your organization's policy.

Plan for Coverage

To minimize disruptions, plan for temporary coverage while an employee is on jury duty. This might involve cross-training staff or hiring temporary workers to fill in while the employee is out on jury duty leave. Cross-training will also help you be better prepared when employees are out for other reasons, such as for vacation, training, or sickness.  

Legal Consequences for Non-Compliance

Failing to comply with jury duty leave laws can have significant legal consequences for employers, including small businesses and startups. These can include:

• Fines: Employers may face financial penalties for failing to comply with jury duty leave requirements.

• Lawsuits: Employees who are penalized or terminated for their jury service may file wrongful termination lawsuits.

• Reputation Damage: Non-compliance can also harm your company's reputation and damage your employer brand, making it harder to attract and retain top talent.

Supporting Employees During Jury Duty

Serving on a jury can be a stressful experience for employees. An employer can support team members during their time of jury service in several ways, including: 

Offer Emotional Support

Encourage a supportive work environment where employees feel comfortable discussing how jury duty may be impacting them. Offer emotional support and understanding during this period.

Provide Flexibility

Allow for flexible work arrangements, such as remote work or adjusted schedules, to accommodate employees who may need to balance jury duty with their personal lives, as long as doing so doesn’t violate any state requirements for jury duty leave. For example, some states prohibit employers from scheduling employees to do any work within a certain number of hours of jury duty. 

Stay Informed

Keep in touch with the employee throughout their jury service. This can help you stay updated on their expected return date so you can make plans to ensure continuity of business operations and also enable you to offer and provide any support the employee may need.

Plan Ahead to Handle Jury Duty Leave Seamlessly 

Understanding your obligations as an employer when it comes to jury duty leave is crucial for maintaining compliance and supporting your employees. By developing clear policies, communicating effectively, and planning for operational coverage, you can manage jury duty leave with minimal disruption to your business.

Supporting your employees in fulfilling their civic duties helps them while strengthening your organization’s commitment to community and civic responsibility. By adhering to legal requirements and best practices, you can navigate the complexities of managing jury duty leave smoothly and effectively.

Rely on Justworks for Compliance Support

It can be tough for small business owners and founders to keep up with the many compliance obligations that come with being an employer. From our comprehensive HR software to our compliance support and 24/7 customer service, we can provide the tools you need to ensure critical HR tasks are handled. Contact us today to learn how to get started with Justworks so you can get back to what you do best – operating and building your business.