Jury Duty and Employee Policy Basics

Points to consider when developing a jury duty and employee policy

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?

 

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

 

• 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.

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