Handling Requests for Jury Leave

Jury duty is serious business. If your employees ask for leave in order to serve on a jury, consult your state law and, if you have a policy, follow it. Here are some examples of situations that got employers into trouble.

 
Example

In each of the following cases, a federal court ruled against the employer:

  • Firing an employee the day after returning from jury duty — the employer was ordered to pay damages to the discharged employee.
  • A supervisor's comments that an employee could not be at work and on jury duty at the same time, which helped prove the employer's unlawful motive in firing an employee — the employer was ordered to pay damages.
  • Refusing to pay an employee on jury duty for a paid holiday because she did not work the day after the holiday, even though the employer knew she was serving on the grand jury that day — the employer was ordered to pay damages.
  • Refusing to pay an employee during jury service unless the employee can prove financial hardship.
  • Changing the company policy from one in which the company pays employees during jury service to one in which the company does not — while an employee was serving jury duty (because employees are entitled to notice of the change before they serve).
  • Discharging a night-shift employee for not reporting to work on the night of the day in which he served on a jury (he was entitled to 24 hours off and should have been allowed to report the next day).