Your employer is not required by federal law to pay you for jury duty, but many states and some employers do anyway

Federal law does not require employers to pay employees who are summoned to jury duty. However, many states have passed their own laws that do require payment, and some employers choose to pay voluntarily even where the law does not require it. The answer depends on where you live, what your employer's policy is, and sometimes how long the trial lasts.

If your state does not require payment and your employer does not offer it, you will lose income for the days you serve. Some courts offer a small daily stipend — typically $15 to $50 per day — but this rarely covers lost wages. Knowing your state's rules and your employer's policy before you report for jury duty helps you plan financially and understand what conversations to have with your employer.

Key Takeaways

  • Federal law does not mandate employer payment for jury duty, but about half of U.S. states require it by state law.
  • State laws vary widely: some require full pay, some require partial pay, and some only require payment after a certain number of days.
  • Your employer's written policy may be more generous than state law requires, so check your employee handbook or HR department.
  • Courts typically pay a small daily fee ($15 to $50) regardless of state law, but this is separate from employer payment.
  • If your state or employer does not require payment, you can ask your employer for an exception, but they are not legally obligated to grant it.

Which states require employers to pay for jury duty

Roughly 25 states have laws requiring employers to pay employees for at least some jury duty time. These states include Alabama, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. The specific requirements differ significantly from state to state.

Some states require full pay for all jury duty days. Others require full pay only for the first few days (typically three to five), then reduce the amount or stop paying altogether. A few states require employers to pay only if the trial lasts longer than a set period, such as one week. You can find your state's specific rule by searching "[your state] jury duty pay requirement" or by contacting your state court system directly.

If you live in a state not listed above, your state does not have a mandatory employer payment law. That does not mean you will receive nothing — the court itself will pay you a small daily fee — but your employer has no legal obligation to continue your regular wages.

What your employer's policy might say

Even in states where the law does not require payment, many employers choose to pay employees for jury duty anyway. This is especially common in larger companies and government agencies. Your employer's policy is usually found in the employee handbook, in HR materials, or on the company intranet under "time off" or "leave policies."

If you cannot find the policy in writing, contact your HR department directly and ask whether the company pays for jury duty and, if so, for how long. Get the answer in writing if possible. Some employers pay full salary, some pay a percentage, and some pay only if you are on a jury (not if you are dismissed during jury selection). Knowing this before you report means you can budget accordingly and avoid surprises when you return to work.

How to handle jury duty pay with your employer

When you receive a jury summons, read it carefully to see whether it requires you to notify your employer. Many summonses ask you to provide a copy to your employer or to have your employer sign a form. Do this promptly — it gives your employer time to plan for your absence and shows you are following the court's instructions.

Tell your employer as soon as you know you have been selected for a trial, not the day before you report. If your state or employer requires payment, the court paperwork or your HR department will explain how to document your service so you can be paid. You may need to provide a juror certificate or a signed statement from the court showing the dates you served.

If your state and employer do not require payment and you face genuine hardship, you can ask your employer for an exception. Frame it as a request, not a demand. Explain the situation honestly. Some employers will make an exception for employees they value, especially if the trial is long. Others will not. There is no legal requirement for them to do so, but it never hurts to ask respectfully.

The court's daily fee and how it differs from employer pay

The court pays jurors a small daily fee for their service, separate from any payment your employer makes. This fee varies by state and sometimes by county. It typically ranges from $15 to $50 per day, though some courts pay nothing for the first day or first few days. A few states pay more — California, for example, pays $15 per day for the first five days, then $50 per day after that.

This court fee is not meant to replace your lost wages; it is a token payment for your time and inconvenience. If your employer pays you your full salary and you also receive the court fee, you keep both. The court fee is yours regardless of whether your employer pays you or whether your state has a mandatory payment law.

What happens if you are dismissed during jury selection

If you report for jury duty but are dismissed during jury selection (called "voir dire"), you typically receive the court's daily fee for that day, but you may not receive employer payment. Many state laws and employer policies only require payment if you are actually seated on a jury, not if you are dismissed before the trial begins.

Check your state law and your employer's policy to be sure. Some employers are more generous and pay for any day you report, even if you are sent home. Others pay only if you serve on an actual jury. This is another reason to clarify your employer's policy before you report.

Retaliation and your legal protection

Federal law prohibits employers from firing, threatening, or punishing you for responding to a jury summons or serving on a jury. This protection applies regardless of whether your state requires payment or whether your employer pays you. If your employer retaliates against you for jury service — by firing you, cutting your hours, reducing your pay, or otherwise punishing you — you have legal recourse.

Document any retaliation in writing, including dates, what happened, and who was involved. Contact your state's labor department or an employment attorney. Retaliation claims are taken seriously, and employers know this. In practice, most retaliation happens to lower-wage workers whose absence is harder to absorb, but the law protects everyone equally.

Frequently Asked Questions

Can my employer force me to use vacation days for jury duty?

It depends on your state and employer. If your state requires payment or your employer's policy covers jury duty, using vacation days is usually not allowed — you receive your regular pay instead. If neither your state nor your employer requires payment, some employers may require you to use vacation time or unpaid leave. Check your employee handbook or ask HR before you report.

What if the trial lasts weeks or months?

Long trials create real financial hardship. If your state requires payment, the law typically covers the entire trial, though the daily amount may decrease after a certain point. If your state does not require payment and your employer does not pay, you will lose income for the duration. Some courts allow jurors to request hardship dismissal if serving would cause severe financial damage. Ask the judge or court clerk about this option if you face genuine hardship.

Do I have to report jury duty income to my employer?

You do not have to report the court's daily fee to your employer — it is your money. If your employer pays you for jury duty, that payment comes from them, not the court. You should not receive double payment (both your employer's pay and the court fee), but in practice most employers do not ask about the court fee and you keep it.

What if I am self-employed or a contractor?

Self-employed people and contractors are not covered by most state jury duty payment laws, because those laws apply only to employers. You will receive the court's daily fee, but you will lose income from work you cannot do. Some courts allow self-employed people to request dismissal or postponement based on financial hardship. Ask the court clerk about your options when you receive your summons.

Can I be excused from jury duty to avoid losing pay?

You can request to be excused or postponed, but financial hardship is not always a strong reason on its own. Courts hear this reason often and may deny it. However, if you can show that jury duty would cause severe hardship — such as losing your job, being unable to pay rent, or having no childcare — the judge may grant your request. Be honest and specific in your request to the court.