What Are Your Rights If You are Called to Jury Duty?

Jury duty is a civic duty required of many people at some point during their adult lives. Serving on jury duty requires you to take time away from work to perform your duties. But employers cannot terminate employees for time away spent serving on a jury.

There is no federal law requiring employers to pay employees during their time away while serving on a jury. Some states require employers to pay employees called to jury duty a portion of their salary for a specific period.

For instance, in New York, there’s no requirement to pay employees serving on a jury their usual full salary. Those with 10 or more employees, though, must pay the first $40 of the employee’s wage for the first three days they are away for jury duty. If an employee serves for more than three days on a jury, the State pays jurors a fee of $40/day for their service.

Employees that work for employers with fewer than 10 employees may withhold the full wages of employees absent for jury duty.

To learn more about New York State juror laws, check out this information from the State’s Attorney General.

Employers Must Allow You Time Away to Serve on a Jury

Regardless of your employer’s obligation to pay you during jury duty, your employer must allow you time away from work to participate in a jury. This includes the day or more for jury selection, as well as time on the jury if you are selected. This is true even if the trial lasts several months.

Under the federal Jury Systems Improvement Act, all employers must allow employees time away to serve as jurors in federal courts. They do not need to pay employees during this time. In addition to the federal requirements, most states require employers to provide unpaid leave.

Under this law, you can sue your employer if they terminate or retaliate against you for serving jury duty.

Your employer can contact you while you are away serving on a jury. You aren’t obligated to respond if you are actively involved in court matters, but there are no laws preventing your employer from contacting you during your time away.

What If My Employer Claims They Can’t Manage without Me?

If your employer believes you are too important to the business’s day-to-day operations, they can petition the court. They must submit a letter to the court pleading their case about your importance. However, the court is not required to honor this request. Furthermore, you are under no obligation to plead your employer’s case on their behalf.

If you’ve received a jury summons, your employer must:

• Let you attend without consequence
• Understand federal and state laws regarding jury members and know what their obligations are under the laws
• Include information about jury duty in the employee handbook so everyone understands their obligations and benefits in advanced
• Not terminate or retaliate against an employee called to jury duty in any way

If you’d like to discuss your company’s policy regarding jury duty or you’ve been denied time away or treated differently due to a jury duty obligation, we can help. Contact Borrelli & Associates, P.L.L.C. to schedule a free consultation.