Most employers are not required by federal law to pay you for jury duty, but many do anyway

Federal law does not require your employer to pay you while you serve on a jury. That means your paycheck can stop the moment you report to court, and your employer can legally cut your hours or dock your pay for the days you are away. However, many large employers and most government agencies do pay employees for jury service, either in full or for a set number of days per year. Whether yours does depends entirely on your company's policy and, in some cases, your state or local law.

The real protection federal law gives you is against retaliation: your employer cannot fire you, threaten you, or punish you for responding to a jury summons or serving on a jury. That protection is separate from whether they pay you. You can lose income and still be legally protected from losing your job.

Key Takeaways

  • Federal law does not require employers to pay for jury duty, but it does forbid them from firing you or retaliating against you for serving.
  • Some states and cities have laws requiring employers to pay for a limited number of jury duty days, usually three to five days per year.
  • Many large employers and all government agencies pay employees for jury duty as a matter of policy, even where not legally required.
  • You should check your employee handbook or ask your HR department directly about your company's jury duty pay policy before you are summoned.
  • If your employer retaliates against you for jury service, you may have a legal claim even if they never had to pay you.

What the federal law actually protects

The federal law against jury duty retaliation is in Title 28 of the U.S. Code, Section 1875. It says an employer cannot discharge, threaten, coerce, or harass an employee because that employee received a jury summons, showed up for jury selection, or served on a jury. The law applies to all employers, regardless of size.

This protection means you cannot be fired for jury duty. It does not mean you have to be paid. An employer can legally tell you: "We will not pay you for those days, but you cannot be fired for going." That is a legal outcome under federal law. If your employer fires you, cuts your hours permanently, or demotes you because you served, that is illegal retaliation. If they simply do not pay you, that is legal.

State and local laws that require jury duty pay

Some states and cities have passed their own laws requiring employers to pay employees for jury duty. These laws vary widely in how many days they cover and whether they apply to all employers or only large ones. A few examples: California requires employers to pay for the first five days of jury duty. New York requires pay for the first three days. Illinois requires pay for the first ten days. Other states have no requirement at all.

If you live in a state or city with a jury duty pay law, that law overrides the federal baseline. Your employer must follow the stricter rule. To find out whether your state has such a law, contact your state bar association, your state's court system, or your local court clerk's office. They can tell you what applies where you live.

What large employers and government agencies typically do

Most Fortune 500 companies and mid-size employers pay employees for jury duty, at least for a certain number of days per year. Government employees — federal, state, and local — are almost always paid for jury service. Universities, hospitals, and large nonprofits often pay as well. These organizations do this partly out of civic commitment and partly because the cost of losing an employee's productivity is often less than the cost of replacing them if they quit.

Small businesses and sole proprietorships are less likely to have a formal jury duty pay policy. If you work for a small company, the owner may pay you out of goodwill, or they may not. There is no way to know without asking. Some small business owners view jury duty as a civic obligation that employees should bear personally; others see it as part of being a responsible employer.

How to find out your company's policy

The best time to learn your employer's jury duty policy is before you receive a summons. Check your employee handbook, which often has a section on jury duty. If your handbook does not mention it, ask your HR department or your manager directly. Write down what they tell you, or ask them to put it in writing. This way, if you are later summoned and your employer acts surprised or hostile, you have documentation of what they told you.

If you do not have an employee handbook or your company is very small, you can still ask. A simple email to your manager or HR saying "If I am summoned for jury duty, does the company pay for that time?" will get you an answer. Most employers will tell you honestly rather than leave you guessing.

What happens if you are not paid and cannot afford to miss work

If your employer does not pay for jury duty and you cannot afford to lose the income, you have a few options. First, you can request to be excused from jury duty when you receive your summons. Most courts allow you to request postponement or excusal if jury service would cause genuine financial hardship. You will usually need to explain your situation in writing or in person during jury selection. The judge decides whether to excuse you, but financial hardship is a common and often successful reason.

Second, you can ask the court whether jurors receive any compensation. Most courts pay jurors a small daily fee — often $15 to $50 per day, sometimes more — to offset some of the cost of serving. This is not enough to replace a full day's wages, but it is something. The court clerk can tell you what the daily juror fee is in your jurisdiction.

Third, if you are summoned and your employer retaliates against you for serving, you may have a legal claim. Retaliation is illegal, and you may be able to recover lost wages or other damages. If this happens, contact a local employment attorney or your state bar association's lawyer referral service.

The difference between retaliation and no pay

It is important to understand the difference between two separate things: not being paid, and being punished for serving. Not being paid is legal. Being punished is not.

Legal: Your employer does not pay you for jury duty. You lose income for those days. You return to work and everything is normal.

Illegal: Your employer does not pay you for jury duty. You return to work and your manager cuts your hours, passes you over for a raise, or tells you that you are no longer a "team player." That is retaliation, and it violates federal law.

If you experience retaliation, document it. Write down dates, times, what was said, and who witnessed it. Then contact an employment attorney or your state labor board to report it.

Frequently Asked Questions

Can my employer fire me if I miss work for jury duty?

No. Federal law forbids employers from firing you because you received a jury summons, appeared for jury selection, or served on a jury. However, your employer does not have to pay you for that time. You can be unpaid and still protected from being fired.

Do I have to tell my employer I was summoned for jury duty?

You should tell your employer as soon as you receive a summons. This gives them time to plan and shows good faith. If you hide it and then miss work unexpectedly, your employer may be more upset. Telling them upfront also gives you a chance to learn their policy before you are in the middle of jury selection.

What if I am self-employed or a contractor?

If you are self-employed, you do not have an employer to pay you, so you lose income directly. You can request to be excused or postponed based on financial hardship. If you are a contractor, your client or the company you contract with typically does not have to pay you for jury duty, since you are not their employee. Check your contract to see if it addresses this.

Can I be paid by both my employer and the court?

Yes, in most places. If your employer pays you and the court also pays jurors a daily fee, you can receive both. The court's fee is usually small, but it is yours to keep. Check with the court clerk about their juror compensation policy.

What if my state requires jury duty pay but my employer refuses to pay?

If your state or city has a law requiring jury duty pay and your employer refuses to follow it, you can file a complaint with your state labor board or attorney general's office. You can also consult an employment attorney about suing for the wages owed. Keep documentation of your jury service — the court will provide proof — and any communication with your employer about pay.