What employers must pay during jury duty
Federal law does not require employers to pay you while you serve on a jury. However, many states and some cities have passed laws that do require payment, and some employers choose to pay even when not legally required. The answer depends on where you work and what your employer's policy is — not on federal rules.
If your state or city has a pay requirement, it typically applies only to the first few days of service. After that period ends, employers have no obligation to continue paying you. Some employers pay your full salary; others pay a portion. A few states require employers to pay but allow them to deduct the jury fee the court pays you from what they owe.
The key is to check your state's law and your employer's handbook before your jury date. If you are unsure, ask your HR department directly — they will know whether your employer is required to pay and what their policy covers.
Key Takeaways
- Federal law does not require employers to pay you for jury duty, but many states and cities have passed their own requirements.
- State-mandated pay typically covers only the first few days of service, after which employers have no obligation to continue paying.
- Some employers pay your full salary while serving, others pay a portion, and some deduct the court's jury fee from what they owe you.
- Your employee handbook or HR department can tell you whether your employer is required to pay and what amount or duration applies.
States and cities that require employers to pay
About half of U.S. states have laws requiring employers to pay employees during jury duty, though the length of time and amount vary widely. Some states pay for the first three days only; others cover up to two weeks. A few states have no requirement at all and leave it entirely to the employer's choice.
California, New York, Illinois, and Texas all require employers to pay, but each has different rules about how long the requirement lasts. Some states require full pay; others allow employers to pay only a portion of your salary. A handful of states require payment but let employers subtract the jury fee the court pays you.
Cities sometimes have stricter rules than their states. New York City, for example, requires employers to pay for jury duty even in cases where New York State does not. If you live in a major city, check both your state law and your city's ordinances.
What happens if your employer refuses to pay
If your state or city requires payment and your employer refuses, you have legal recourse. Most states that mandate jury pay also make it illegal for employers to retaliate against you — meaning they cannot fire you, demote you, cut your hours, or reduce your pay because you served on a jury.
If retaliation occurs, you can file a complaint with your state's labor department or attorney general's office. Some states allow you to sue your employer directly for damages. Document everything: keep the jury summons, your court attendance records, and any communications with your employer about the jury duty or any negative employment action that followed.
Before taking legal action, start by asking your HR department in writing why they are not paying. Sometimes the refusal is a mistake or a misunderstanding of the law. If they refuse after you clarify the requirement, contact your state labor department for guidance on next steps.
How much employers typically pay
When employers are required to pay, most pay your regular salary or hourly wage for the hours you would normally work. Some pay only a portion — for example, 50 percent of your normal pay — and a few pay a flat daily amount regardless of your usual salary.
The court also pays you a small jury fee, usually between $15 and $50 per day depending on the state and length of service. Some employers are allowed to subtract this court payment from what they owe you. Others must pay your full salary on top of the court fee. Check your state law or ask your HR department which applies to you.
If you are self-employed or work for a very small employer, you may be exempt from the pay requirement even in states that have one. Some states exempt employers with fewer than a certain number of employees — often 5 or 15 employees. Ask your HR department or check your state's jury duty statute to see if an exemption applies.
What to do before your jury date
Contact your HR department or check your employee handbook at least a week before your jury date. Ask directly: "Is my employer required to pay me during jury duty, and if so, for how long?" Get the answer in writing if possible, so you have documentation if a dispute arises later.
If your employer says they will not pay, ask them to explain why. They may believe an exemption applies, or they may simply be unaware of the law. Provide them with a copy of your state's jury duty statute or the relevant city ordinance. Many employers will correct course once they understand the requirement.
If your employer confirms they will pay, ask how the payment will be processed. Will it come through your regular paycheck, or will you receive it separately? Will they deduct the court fee? Getting these details in advance prevents confusion and delays.
Unpaid jury duty and your finances
If you live in a state or work for an employer that does not pay for jury duty, the court fee alone — typically $15 to $50 per day — may not cover your lost wages. Many people lose money by serving on a jury, especially if the trial lasts more than a few days.
Some employers allow you to use paid time off (vacation days or personal days) to cover jury duty without losing pay. Others do not. Check your employee handbook or ask HR whether this option is available to you. If you have the choice, using PTO may be better than losing income.
If jury duty creates a genuine financial hardship, you can request to be excused or postponed when you receive your summons. Courts sometimes grant these requests, though they are not may provide. The summons will include instructions on how to request a postponement or explain hardship to the court.
Frequently Asked Questions
Can my employer fire me for serving on a jury?
No. Federal law prohibits employers from firing you for jury service. Most states that require jury pay also have additional laws making retaliation illegal — meaning your employer cannot fire you, demote you, cut your hours, or reduce your pay because you served. If retaliation occurs, contact your state labor department or attorney general's office.
Do I have to tell my employer I was summoned for jury duty?
Yes. You should inform your employer as soon as you receive the summons so they can plan for your absence. Hiding jury duty from your employer can create problems later if they discover you were absent without explanation. Provide them with a copy of the summons and let them know the expected duration.
What if I am self-employed — do I get paid for jury duty?
Self-employed people are not covered by employer pay requirements because they have no employer. You will receive only the court fee, which is typically $15 to $50 per day. You may be able to request postponement or excuse if jury duty creates significant financial hardship. Contact the court listed on your summons to discuss your situation.
Does my employer have to pay if the trial lasts longer than the required period?
No. If your state requires payment for the first five days but the trial lasts three weeks, your employer must pay for five days only. After that, you receive only the court fee. This is why it is important to know the exact duration your state or employer covers before jury duty begins.
Can I use vacation days instead of losing pay for jury duty?
That depends on your employer's policy. Some employers allow you to use paid time off for jury duty; others do not. Check your employee handbook or ask HR. If your employer is required to pay for jury duty anyway, using vacation days is unnecessary — you should receive your regular pay without using PTO.