Question: We have an employee who was summoned for jury duty. Do we, as an employer, have to pay them for the days they’re missing work?
Answer: Jury duty is an unavoidable but important part of our legal system. It is also time-consuming and will inevitably force people to miss work. Federally, there is no requirement for private employers to pay wages to employees who miss work to attend jury duty. However, nine states, including Tennessee, require some form of wage compensation by private employers for work missed as a result of jury duty.
Tennessee requires private employers of five or more people to pay employees of at least six months their “usual compensation” for time spent serving and traveling for jury duty. Importantly, Tennessee employers may deduct the amount received by the employee for jury duty.
Even if an employer isn’t required to pay its employees for jury duty, it still has the option to pay its employees. Paying employees for jury duty can build goodwill and reputation with current and potential employees. Moreover, having a policy in place is recommended so employees understand whether they will be paid.
Although wage compensation may not be required, you still must be aware of other laws relevant to jury duty leave. Under the federal Jury Systems Improvement Act, private employers must treat jury duty as an approved leave and allow the employee’s benefits to continue accruing. The Act only applies to employees serving jury duty in federal court, not state court. Further, under the Act and many state laws, employees are protected from jury duty retaliation and other adverse employment actions by employers. Additionally, 18 states prohibit private employers from requiring employees to use personal leave to fulfill their jury duty obligations.
Kentucky, North Carolina, South Carolina, and West Virginia don’t have state laws requiring wage compensation for work missed as a result of jury duty. Further, those states and Tennessee don’t have laws prohibiting private employers from requiring employees to use personal leave for jury duty.
Bottom line: whether you are required to pay an employee who was summoned for jury duty depends on the state where the employee is located. You should also consider implementing a jury duty policy so both you and the employee know the procedures for when an employee is inevitably summoned for jury duty. For example, a policy may require the employee to provide a copy of the jury duty notice to a supervisor and to the payroll department.
Anthony G. Caldera is an attorney with Steptoe & Johnson PLLC in Bridgeport, West Virginia and can be reached at 304-933-8141 or anthony.caldera@steptoe-johnson.com.