Jury Duty and Employee Policy Key Terms

Understand jury duty and employee policy terms to stay compliant with the law

By Rhyah Fletcher

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.

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