When an employee receives a court-ordered document calling them for jury duty, you, as the employer, must provide them with time off to attend to it. This is where having a jury duty policy will come in handy—it will outline who is eligible, whether it is paid, and what process to follow.
Although federal law does not require employers to pay employees while on jury duty, some state regulations do require it. To ensure you are fully compliant with both federal and state laws read through your relevant local laws and download our free template for guidance.
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Elements of a Jury Duty Policy
When adding a jury duty policy to your employee handbook, indicate if you will pay your employees while they serve on jury duty—and be aware of any state laws that require you to do so to maintain compliance. If there are no specific state laws in your area, consider the following:
We recommend using an all-in-one HR management software like Bambee to help track time off requests for jury duty, store your policies, and properly handle onboarding for employees.
Federal Jury Duty Requirements
US federal law is clear about what you must do as an employer when your employee is summoned for jury duty. As an employer:
- You must excuse the employee from work to attend jury duty
- You may be required to pay an exempt employee their regular salary while on jury duty
- You may not be required to pay a non-exempt employee for work hours missed
- You may ask the employee to notify you in advance
- You may ask the employee to postpone jury duty based on a business need
- You may request an employee to “return to work” if dismissed/excused before the end of the business day if they’re not selected for jury duty
If you are unsure if your employee is exempt or nonexempt, check out our comparison guide.
In addition to federal jury duty requirements that instruct an employer to provide unpaid time off, employers are not responsible for paying employees any compensation for absence due to jury duty—unless there is a company policy, contract, collective bargaining agreement, or state law that applies.
Jury Duty Leave Laws by State
Several states have guidelines in place outside of the federal requirements regarding jury duty leave and whether or not you must provide paid time off for jury duty to your employees for this leave. Click on any state below to learn jury duty leave laws by state.