Does an Employer Have to Pay Employees for Jury Duty?

Under federal law, most employers do not have to pay employees for time spent serving on a jury, but state law or an employer’s written policy may require pay. The federal Fair Labor Standards Act generally does not require wages for time an employee does not work, including jury service. Whether the employee’s job is protected is a separate question from whether the absence is paid. State rules vary: Colorado requires limited employer pay in some circumstances, while Texas and California do not generally require employers to pay for jury service. Employees should notify their employer promptly and check the law that applies where they work along with the workplace policy before assuming the time will be paid or unpaid.

Does Federal Law Require Employers to Pay for Jury Duty?

No. The Fair Labor Standards Act does not require employers to pay employees for time they do not work, including time spent on jury duty. The U.S. Department of Labor explains that jury-duty pay is generally a matter of agreement between the employer and employee, subject to any additional state-law requirements. Its jury-duty guidance summarizes the federal rule.

An employer may choose to offer paid jury-duty leave as a benefit. A policy might provide regular pay for a limited number of days, require proof of attendance, allow employees to use accrued paid time off, or coordinate company pay with juror fees from the court. Federal law does not automatically require these arrangements. However, a company policy cannot reduce an employee’s rights under a more protective state law.

How Do State Laws Affect Jury-Duty Pay and Job Protection?

State rules can address two separate questions: whether an employee’s job is protected during jury service and whether the employer must continue paying wages. Protection from adverse action does not necessarily mean the absence is paid. An employer may also offer paid leave even where state law does not require it. The examples below show why employees and employers should check the law that applies where the employee works.

Colorado Requires Limited Pay

Colorado requires some employers to provide paid jury leave. The Colorado Department of Labor and Employment says regularly employed trial or grand jurors must receive regular wages of up to $50 per day for the first three days of service unless the employee and employer agree otherwise. Regular employment can include part-time, temporary, and casual work when hours can be determined from the preceding three months of schedule, custom, or practice. The department’s Colorado jury-duty guidance provides more detail. Employers should account for the pay cap and three-day limit when applying a leave policy.

Texas Protects Jury Service but Does Not Require Pay

Texas illustrates the difference between job protection and wages. The Texas Workforce Commission says an employer may not terminate an employee or take other adverse action because the employee serves on a jury. State law does not require the employer to pay wages for that time, although an employer’s policy may provide paid leave. The commission’s jury-duty information explains the rule.

California Does Not Require Employer Pay

California Courts states that California law does not require employers to compensate employees who miss work for jury service, although many employers choose to offer paid jury leave. The court notes that paid leave can help reduce financial hardship that might discourage jury participation. Its employer information describes the state’s approach. Employees should check their handbook or HR portal rather than assume that a common workplace practice is legally required.

Check the Law Where the Employee Works

These examples range from limited mandatory pay in Colorado to job protection without mandatory pay in Texas and no general employer-pay requirement in California. Requirements can differ by state and may change. Employees and employers should confirm current rules for the state where the employee performs the work rather than rely on a nationwide assumption or the location of the employer’s headquarters.

What Should Employees Do After Receiving a Jury Summons?

Employees should tell their employer promptly and follow the workplace’s leave-request process. Early notice gives the employer time to plan coverage and gives the employee time to confirm how the absence will be handled. Send the summons to a manager or HR contact if requested. Ask whether the policy provides regular wages, requires or permits using paid time off, or treats the time as unpaid. Keep copies of the summons and any attendance records provided by the court. For other workplace leave questions, see types of leave from work.

What Should Employers Include in a Jury-Duty Policy?

A clear written policy helps managers respond consistently while accounting for stricter state requirements. It should explain who is covered and what documentation employees need to provide. It should also describe how paid leave is calculated and when it ends, including whether employees may supplement it with paid time off. Address what happens if court ends early or service lasts longer than expected. Managers should understand that employees must not be retaliated against for jury service and should know how to apply the policy consistently while following the requirements in each state where the company employs people.

Common Mistakes to Avoid

Do not treat “jury duty is unpaid” as a rule that applies everywhere. Federal law generally does not require pay, but state law or a company policy may provide it. Employers should check applicable state requirements before directing employees to use paid time off. Employees should ask about pay and scheduling as soon as possible so there is time to resolve questions before service begins. A written policy can reduce confusion, but it must still comply with the law in each state where employees work.

*This article is for general informational purposes only and is not legal advice.