Most employers are not legally required to pay you during jury duty, but many do anyway

Federal law does not require employers to pay employees who serve on juries. Some states have passed laws requiring payment for a limited number of days, but these are the exception. What your employer pays — if anything — depends on company policy, your state's law, and how long you serve.

The juror's fee itself comes from the court, not your employer. That fee is usually small: often $15 to $50 per day, sometimes nothing for the first few days. The real financial hit comes from lost wages if your employer does not cover the difference.

You cannot be fired for serving on jury duty — that is illegal in all 50 states. But you can lose income, and your employer is under no obligation to make up the gap unless state law or company policy says otherwise.

Key Takeaways

  • Federal law does not require employers to pay employees during jury duty, though some states mandate payment for the first few days.
  • The court pays jurors a small daily fee (typically $15 to $50), but this rarely covers lost wages.
  • Your employer cannot fire you for jury service, but they do not have to pay you unless state law or their own policy requires it.
  • Large employers and government agencies are more likely to pay full or partial wages than small businesses.
  • You should ask your employer about their jury duty policy before you receive a summons, so you know what to expect.

Which states require employers to pay for jury duty

A handful of states have passed laws requiring employers to pay employees for at least some days of jury service. These laws vary widely in how many days they cover and what size employer they apply to.

States with mandatory employer payment include Alabama, Colorado, Connecticut, Illinois, Louisiana, Massachusetts, Nebraska, New York, and a few others — but the number of paid days and the employer size threshold differ in each one. Some require payment only for the first three days; others cover up to five or ten. Some apply only to employers with 50 or more employees; others have no size threshold.

If you live in a state without a mandatory payment law, your employer's decision to pay is entirely voluntary. Check your employee handbook or ask your HR department directly. If they have no written policy, ask in writing so you have a record of their answer.

What the court pays you as a juror

The court itself pays jurors a small daily fee, but the amount and when it starts vary by jurisdiction. In federal court, jurors typically receive $50 per day for the first three days, then $100 per day after that. State courts often pay less: $15 to $40 per day is common, and some courts pay nothing for the first one or two days.

This court fee is separate from any payment your employer provides. If your employer pays your full salary, you may be required to turn over the court fee to them, or they may let you keep it. Again, this depends on company policy — ask before you assume.

Long trials can add up: a two-week trial at $50 per day is $500 from the court. But if you normally earn $100 per day in wages and your employer does not pay, you are still out $1,000 in lost income.

How to find out your employer's jury duty policy

The best time to learn your employer's policy is before you receive a summons. Check your employee handbook first — many companies include jury duty pay in the benefits section. If it is not there, contact your HR department and ask in writing or by email.

When you ask, be specific: ask whether they pay full salary, partial salary, or nothing; whether it applies to all employees or only certain roles; and how many days of jury service the policy covers. Get the answer in writing if possible, so you have documentation if a dispute arises later.

If you work for a government agency, school district, or large corporation, paid jury duty is common. If you work for a small business, it is less likely but still possible — many small employers have informal policies of paying for short trials even if they are not required to.

What happens if you are selected for a long trial

If you are selected for a trial lasting more than a week or two, the financial pressure on you and your employer both increase. Some employers will pay for a short trial but ask you to request a postponement if a longer one is coming. Others will pay the full amount regardless of length.

If your employer does not pay and the trial is long, you can ask the judge for a hardship dismissal. Judges can excuse jurors who face genuine financial hardship, though they are not required to. Bring documentation of your income and expenses if you make this request.

Some employers will negotiate: they might pay for the first week and ask you to use vacation time for the second week, or they might pay a percentage of your salary rather than the full amount. If you know a long trial is likely, have this conversation with your employer before jury selection begins.

Your legal protection against retaliation

Federal law and the laws of all 50 states prohibit employers from firing, demoting, or threatening an employee for serving on jury duty. This protection applies whether your employer pays you or not, and whether the trial is short or long.

If your employer retaliates against you for jury service, you may have grounds for a lawsuit. Document everything: keep copies of your summons, any communications with your employer about jury duty, and any adverse employment action that follows (termination, demotion, reduced hours, negative performance review). If retaliation occurs, contact your state's labor board or an employment attorney.

The protection is strong, but it is not automatic. You have to prove the retaliation was because of jury duty, not some other reason. That is why documentation matters.

How to handle the conversation with your employer

When you receive a summons, tell your employer as soon as possible. Bring a copy of the summons and let them know the trial date and expected length. If you already know their jury duty policy, you know what to expect financially.

If you do not know their policy and they do not volunteer information, ask directly: "Will the company pay my salary while I am on jury duty?" Do not assume they will, and do not assume they will not. Get a clear answer.

If your employer asks you to get out of jury duty or threatens consequences if you serve, that is illegal. You do not have to follow that instruction. If it happens, keep a record of the conversation and contact an employment attorney or your state labor board.

Frequently Asked Questions

Can my employer make me pay back the court's juror fee?

No. The court fee belongs to you. Some employers ask you to turn it over as part of their jury duty policy, but they cannot force you to do so. If your employer has a written policy requiring this, you can follow it, but if they do not, the fee is yours to keep.

What if I am self-employed or a contractor?

You receive no payment from your employer because you do not have one. The court fee is your only income during jury duty. Many self-employed people request a hardship dismissal if a long trial is assigned, since they lose income with no replacement. Judges often grant these requests.

Do I have to tell my employer about jury duty?

Yes. You are required to inform your employer that you have been summoned and when you must appear. Hiding jury duty from your employer and then missing work is grounds for termination and does not protect you from retaliation laws.

What if my employer says they will fire me if I serve?

That threat is illegal. Do not comply with it. Serve on the jury if you are selected, and if you are fired afterward, contact an employment attorney or your state labor board immediately. Keep records of the threat and any termination notice.

Can I deduct jury duty losses on my taxes?

No. Jury duty is a civic obligation, not a business expense or casualty loss. You cannot deduct lost wages or reduced income from jury service on your federal or state tax return.