As you’re flipping through the mail, something official-looking catches your eye: a letter from the court. It’s a summons for jury duty.
Your first reaction might be to groan over it, feeling that getting called in for jury duty is going to disrupt your life, business, or work schedule. But when you think about it, being on a jury and working towards justice is one of the engines that drives our democracy. Performing your civic duty should never make you feel uneasy, especially when it comes to work.
So if you’re an employer or employer stressed about that jury duty summons, have no fear. With some thoughtful education, planning, and communication, jury duty can be an easier, more enjoyable process for all.
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How to navigate jury duty as an employer
1. Brush up on your state’s jury duty leave laws and regulations.
It’s a big no-no to fire, threaten, intimidate, or coerce employees for serving. The Jury System Improvement Act of 1978, a federal law, prohibits those actions for those serving in federal court, and most state laws provide similar protections for jurors serving in state courts or local ones. Also, there are some jury duty laws in certain states that require employers to pay their employees for their jury duty service, which may also be limited to a certain amount or time period.
According to Justia, an online legal database, here’s a state-by-state summary covering when employers do need compensate employees during their jury duty and when they don’t:
2. Put a plan in place.
Jury service is a disruption you’re guaranteed to face as a business owner, so in anticipation of when employees will get called in for jury duty in the future, what do you need to know and what steps should you take to prepare for when that will happen?
- Be clear about your jury duty policies. Make sure your employees have a solid understanding of the rules, so they can rest easy knowing exactly what will happen while they’re away. For example, when do they have to tell you they’ve been summoned? How much paid time off will you offer? Who will step in to cover them?
- Be proactive about communicating that your employees’ jobs are safe. While it may put a strain on your business, be explicit about the fact that their jobs are protected while doing their civic duty.
Thinking through these situations in advance—along with documenting your policies and sharing them with your employees (such as in an employee handbook)—will help smooth the transitions that need to take place to support your team and your business during the temporary periods anyone will be absent for jury duty.
3. Prepare ahead in case you’re summoned.
Don’t stress when receiving a summons yourself. Carefully read the letter you received, as it will outline all the steps needed to handle and respond to your own jury duty summons. If you can’t step away from your business, in some areas, you can either ask for a postponement or an excusal from service.
In case your request to be excused for undue hardship, extreme inconvenience, or another reason isn’t accepted, have a backup plan ready. That might include delegating and training trustworthy employees with specific responsibilities in advance. (Even if you are excused from jury duty, you’ll be glad you did the next time you want to take a vacation.)
How to navigate jury duty as an employee
1. Don’t wait until the last minute to read your jury duty summons.
Many states will allow you to postpone your summons, but only if you respond by a certain date. Pro tip: Rip open that letter as soon as it arrives.
2. Let your employer, manager, and teammates know as soon as you’re called for jury duty.
The length of time you’ll serve as a juror is unknown: It could take half a day, half a month, and in rare instances, half a year. So it’s important to notify your team immediately and allow them ample time to plan around your absence.
3. Don’t worry about losing your job.
Relax … you won’t lose your job for serving. If your employer pressures you to get out of jury duty, report them to the court. Do the same if your employer pressures you to use PTO or sick leave to cover your days of service, if this is prohibited in your state.
4. Understand your state’s jury duty leave laws and regulations.
Your employee protections vary by state, and there’s a chance your employer may not be fully aware of them. The best way to protect yourself is to read up on your rights.
5. Understand your employer’s jury duty policies before you show up to serve.
When you’re in the courtroom, the last thing you want to do is try to decode your company’s jury duty policy.
Knowing how much paid time off you can expect to receive, who will be covering for you, and how your employer expects you to handle loose ends, will make things much less stressful.
6. Communicate your circumstances.
If serving on the jury would be a financial hardship, let the judicial committee know, as it may influence their consideration of you. Just be prepared to prove it with pay stubs, company policies, and other supporting documents.
7. Don’t be afraid to ask questions.
It’s your right to understand the full scope of the situation, both regarding your employer’s jury duty policies and the length of the trial at hand. Ask away so everyone is on the same page.
8. Once you serve, you’re one and done, at least for a while.
According to federal law, you’re not required to serve more than once every two years. In some instances, your temporary exemption from service may be for longer, depending on the state, district, and the length of service. If you report for service but don’t serve, you won’t be in the jury pool that could get summoned for the next year. If you’re summoned again, sooner than expected, get in touch with the court so they can correct the error. You’ll need to share any proof of service, so definitely save the documentation that you received, because you’ll need it in instances like that.
Again, depending on whether you’re served in a local, state, or federal court, the requirements based on your jurisdiction can vary for U.S. citizens. For example, when compared to the federal law, the rules for jury duty in New York provide even longer time periods for eligibility after service. According to NYJuror.gov, the website for the New York State Unified Court System:
“A person who serves in a State or Federal court in New York—either by reporting in person or by being available to serve via a telephone call-in system—normally is not eligible to serve again in the New York State courts for at least six years. A juror who serves for more than ten days normally is not eligible to serve again in the New York State courts for at least eight years.”
Jury duty FAQs
Do employers have to pay employees during jury duty?
Although the Fair Labor Standards Act (FLSA) does not require employers to pay employees during their days of service, many states do require employers to pay for employee time during jury service, including Connecticut and Massachusetts. Some states make distinctions between full-time and part-time employees.
Do you have to use PTO or sick leave for jury duty?
No federal law addresses the use of PTO or sick leave, but the policy is not permitted in many states, such as Virginia, New Jersey, and Oregon. The court should inform you of your rights during the jury selection process, but check with your local government if you’re unsure.
Can an employer ask for proof of jury duty?
In many states, employers are allowed to request proof of jury duty, which employees can request from the local court system. Employees can work with human resources to ensure they’re compliant with company policy.
What happens if you don’t show up for jury duty?
Failure to appear for jury duty—for state courts, federal courts, or grand jury duties—often results in contempt of court charges and financial penalties. In some cases, a warrant for arrest may be issued, and other legal consequences may apply.
Serving on a jury should be a meaningful way to participate in our country’s judicial system, not a source of anguish back at the office.
So when that jury duty letter crosses your path, try thinking about your day in court a little differently. With some foresight, you might actually enjoy sitting in a room with 11 strangers, all working together to reach a single goal.
