Jury duty rules dictate that you must let employees off of work to perform the civic duty. Although the number of instances may be rare, it's a good idea to come up with a policy to address issues such as procedures, payment and other questions that will undoubtedly arise from such a leave of absence.

While avoiding jury duty may be the goal of some employers and employees, courts abide by strict rules when it comes to exemptions. And as an employer, you cannot take adverse action against employees summoned for jury duty, no matter what kind of bind it puts your business in.

Answer the following questions when thinking of jury duty and employee policy basics:

1. Will you require the employee to submit proof of a jury duty summons and other documents in order to be excused from work?

2. How will your jury duty policies handle instances when your employee is not picked to serve or is discharged early from a case?

3. Will your workplace policy on jury duty include payment to the employee beyond what they receive from the court?

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Research the appropriate jury duty law

Laws on jury duty vary widely from state to state and can dictate everything from how much a juror will get paid to the process, exemptions because of hardship and employer obligations. You'll want to make sure all of your legal requirements are met when you set up your business policy.

I recommend: Find the answers to frequently asked questions about jury duty and employers' obligations through the Alexander Hamilton Institute. The Business Owner's Tool Kit provides general information on both federal and state jury laws, and you can look up specific information for the state you live in.

Find out about exemptions for missing jury duty

Most employees would rather work than be on a jury. And while courts allow for some hardship exemptions, most of the time if you are summoned, you must serve. Most courts will accept letters explaining any hardship and companies can provide employees with a letter to request that jury duty be postponed. In some courts, hardship exemptions must be approved by the presiding judge.

I recommend: An OLR Research Report details the exemptions for jury duty in Connecticut, while the U.S. District Court of New Hampshire gives reasons for being excused from jury duty there.

Read through sample jury duty policies

You can find many examples of jury duty policies online through human resource websites. It may be easy to find one that you like that you can adapt to fit your own specific business.

I recommend: A sample policy and other policy considerations are available from HR Specialist. Browse the sample jury duty policy available from CitySoft.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Keep in mind that no one is immune from jury duty. Judges and the court system overall consider jury duty very serious and an employee policy on jury duty should reflect that. Ignoring a summons or blatantly skipping service can cause repercussions such as a contempt of court charge.

Jury duty is an essential component of the United States judicial system. But when it comes to fulfilling jury duty, state and federal law mandate the action of the employee more than that of the employer. Employers can make this public service burdensome for an employee, or make jury duty as stress-free as possible.

Jury duty is often considered an inconvenience for both the employee called and the employer. If your employee is summoned for jury duty, he or she must respond accordingly. Employees may be restricted to only a few excuses for not complying with their obligations.

As an employer, you should remember the following:

1. Your business’s jury duty policy must be compliant with state and federal jury duty law.

2. Missing jury duty is a criminal violation and your employee may be held in contempt of court.

3. In some states, employers who fire or threaten to fire employees because of jury duty may be fined, imprisoned or both if convicted.

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Comply with jury duty rules and your state's laws

An employer cannot fire or discipline an employee called to jury duty in most states. Additionally, most state jury duty laws don't mandate employers to pay for time spent serving on a jury. However, some states do encourage employers to pay employees while they serve, as a good will gesture, and some mandate employers to pay for a portion of the time off in an attempt to avoid potential jurors missing jury duty.

I recommend: Contact your state labor department for more information on your state's law regarding time off for jury service. Also, the U.S. Department of Labor recaps federal policy regarding this matter.

Know your rights regarding jury duty and employee policy

In some states, an employer may request proof of jury duty from the employee as company policy. Additionally, if an employer is unable to pay an employee during jury duty, because it will 'result in extreme financial hardship,' then he or she may request to waive this obligation. If so, the courts will compensate the employee up to $50 per day of service. The employee can pick up both proof and waiver application documents from the court's office post-service.

I recommend: Business Owner's Toolkit lets you review jury duty law state-by-state. It also allows you to download an Human Resources (HR) policy for jury duty rules. If you are concerned about meeting certain state and federal requirements, consider partnering with Human Resources, Civil Rights, Risk Assessment (HR-CR RA), an online resource that offers HR services, including their Employee Relations Package.

Confirm that your HR guidelines include all aspects of jury duty policy

Your human resource department plays a fundamental role in your business. You must set up policies for all aspects of your employees' life during their hours of work at your company. Therefore, it is vital that situations such as jury duty policy are covered from all angles to avoid employee complaints and possible lawsuits.

I recommend: Find free policy samples and a handbook for download at HRPolicyAnswers.com. 2020Software.com offers a free demo of Microsoft Dynamics, a scalable HR software program.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  When putting together your employee package on jury duty policies, write a list of FAQs from the employee's point of view so you don't miss anything. For instance, a question might read: 'What procedure should I follow when called upon for jury duty?'

Even if none of your employees ever receive a jury duty summons, it's essential that you have a jury duty policy already in place. According to jury duty law, employees must be allowed time off to attend jury duty, and because missing jury duty is a crime in many jurisdictions, your employees could face fines or jail time for avoiding jury duty.

It's important that all of your employees are fully trained on your company's jury duty policy. Jury duty and employee policy education and training could include:

1. Researching jury duty laws and presenting them to your employees.
2. Finding sample jury duty policies to use as training tools.
3. Taking a course to help you craft your employee policy on jury duty.
   

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Educate staff on the laws regarding jury duty and employee policy

An investigation into state and federal jury duty rules is often the best place to start when training employees about your workplace policy on jury duty. Jury duty regulations set by the government will dictate much of your policy, so understanding them is key. Many government agencies and business and legal websites offer free jury duty policy information that you can use as a training tool for your staff.

I recommend: At the U.S. Department of Labor website, find out your obligation as an employer when it comes to providing jury duty leave. At LegalZoom, find out what consequences your employees will face if they miss jury duty, and at FindLaw, get a general overview of jury duty policy.

Use a sample jury duty policy as a training guide

To ensure thoroughness and compliance with federal law, compile several sample jury duty leave policies to use as models. Many companies offer samples they've put together that can be downloaded either for free or for a small fee.

I recommend: Find jury duty sample policies to use as training materials at The HR Specialist and the Business Owner's Toolkit.

Find an employee policy training program that covers jury duty policies

For the most intensive and thorough training, consider a seminar or workshop, either online or in-person. Many professional associations and other groups offer basic courses in human resource and employment topics, including subjects like employee leave.

I recommend: The American Management Association offers seminars in basic HR topics like providing time off. National Seminars Training offers courses covering basic human resource law issues.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  As part of your jury duty and employee policy education and training, educate management on how to properly teach new employees about the policy. To ensure that all employees understand your company's jury duty policy, you may want to include the subject in your new employee orientation program, for example. Taking them step-by-step through the policy, rather than just providing them with material to read, provides opportunities for employees to ask for clarification, and for company leadership to seek feedback on the policy.
• •  Gear your jury duty and employee policy education and training toward both the company and the employee. In addition to informing employees of your jury duty policy, help them understand what their obligations are when it comes to jury duty, and what they need to do if called.

Jury duty is a legal obligation that requires American citizens to sit on a panel with other jurors and determine the innocence or guilt of a person. Many people find jury duty annoying because it interferes with work. However, there are laws and policies that govern an employer's jury duty policy. It's important that both employers and employees understand the terms used in jury duty policies to ensure compliance with the law.

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Fair Labor Standards Act

The Fair Labor Standards Act determines minimum wage, overtime pay and child labor laws. While this act does not require an employer to pay an employee for time not worked, including jury duty, it does allow an employer to determine a jury duty policy within the company.

I recommend: Learn all about the Fair Labor Standards Act at the United States Department of Labor

Jury duty leave

Federal and state laws require that employers grant employees jury duty leave. This applies for both federal and state court trials. Employers cannot fire an employee or threaten their job security due to a jury obligation. Jury duty leave simply refers to the right of an employee to miss work to serve on a jury.

I recommend: Find out more about jury duty leave on the federal and state levels from Business & Legal Reports.

Jury duty leave policy

Every employers should have a jury duty leave policy in the employee handbook. This policy informs employers of the jury duty policy of the company. It should inform them on who to tell when they have jury duty, how the company compensates for jury duty, if the employee should hand over the government issued check for jury duty to the company and what happens should the employee end up with a long jury process.

I recommend: Find a sample jury duty policy at Employment Law Information Network.

Waiver of jury service compensation

This term refers to a waiver that an employer can file with the court to waive the obligation to pay the employee serving jury duty due to a hardship. The court will want proof of hardship, such as loss of profit, before making a decision.

I recommend: Find out more information about the process for a jury service compensation waiver from Connecticut Business & Industry Association.

State jury duty laws

Each state has different jury duty laws, but most dictate how long an employer must pay an employee during jury duty. Many of the laws require at least three to five days of pay for jury duty leave.

I recommend: Use the interactive map at Toolkit Media Group to find state laws governing jury duty.

Jury Systems Improvement Act

This act ensures that employees receive fair treatment from employers during jury duty. This is the act that prevents an employee from being fired, from harsh or unfair treatment and from the loss of benefits due to serving on a jury.

I recommend: Read about the Jury Systems Improvement Act and other employment statutes at Business Administrative Services.