Jury Duty Leave

What Is Jury Duty Leave?

Jury duty leave is time off from work that allows employees to fulfill their civic obligation to serve on a jury when summoned by a court. In California, jury service is both a right and a responsibility of citizenship, and state law protects employees who are called to serve. Under Labor Code Section 230, employers must allow employees to take time off for jury duty and cannot retaliate against them for fulfilling this civic duty.

The right to a jury trial is enshrined in both the U.S. and California constitutions, and the jury system depends on citizens being available to serve. California's jury duty leave protections ensure that employment considerations don't prevent qualified citizens from participating in this fundamental aspect of the justice system.

California Requirements

Employer Coverage

California's jury duty leave protections apply to:

Employer Type	Coverage
All private employers	Yes, regardless of size
Public employers	Yes
Nonprofit organizations	Yes
Out-of-state employers with CA employees	Yes

No Minimum Size: Unlike some other leave laws, jury duty protections apply to all employers, including those with just one employee.

Employee Eligibility

All employees are protected under California's jury duty leave law:

Factor	Coverage
Full-time employees	Yes
Part-time employees	Yes
Temporary employees	Yes
Probationary employees	Yes
Length of service	No minimum
Hours worked	No minimum

Duration of Leave

Length of Jury Service

Jury duty leave must be provided for:

Situation	Leave Duration
Responding to summons	Time needed to report
Jury selection	Duration of selection process
Trial service	Full length of trial
Grand jury service	Up to 12 months (rare)
Deliberations	Until verdict reached

Typical Jury Service Timelines

Type of Service	Typical Duration
Jury summons response	1 day
Jury selection (not selected)	1-2 days
Civil trial	1-2 weeks average
Criminal trial	Varies widely (days to months)
Grand jury	Up to 1 year

Pay During Jury Duty

California Law on Pay

California law does NOT require employers to pay employees during jury duty. However:

Pay Scenario	Status
State law minimum	Unpaid
Employer policy	May offer paid jury duty
Union contract	May require paid jury duty
Exempt employees	Special rules apply

Exempt Employee Pay

For exempt (salaried) employees, federal and state wage laws require:

Work Performed	Pay Requirement
Any work performed during week	Full weekly salary must be paid
No work during entire week	May be unpaid
Partial week of jury duty	Full salary for any day worked

Example: If an exempt employee serves on a jury Monday through Thursday but works Friday, they must receive their full weekly salary.

Jury Fees

Jurors receive compensation from the court:

California State Courts	Amount
First day	No compensation
Each day after first	$15 per day
Mileage	$0.34 per mile (one way, over 20 miles)

Federal Courts	Amount
Each day of service	$50 per day
Mileage	Per federal rate

Note: Court-provided jury fees are separate from employer-provided pay and do not affect an employee's right to employer compensation if offered.

Coordination with Employer Pay

If an employer provides paid jury duty leave:

Scenario	Handling
Employer pays full salary	Employee may keep jury fees or employer may require offset
Employer pays partial	Employee keeps jury fees
Employer doesn't pay	Employee relies on jury fees and/or uses vacation

Notice Requirements

Employee Obligations

Requirement	Details
Advance notice	Reasonable advance notice when summons is received
Summons documentation	Provide copy of jury summons to employer
Ongoing communication	Update employer on expected duration
Return notification	Inform employer when jury duty ends

Best Practices for Employees

1. Notify supervisor immediately upon receiving jury summons
2. Provide written notice along with copy of summons
3. Discuss coverage for essential job functions
4. Stay in communication about trial duration
5. Provide proof of service if requested upon return

Employer Response

Employers may:

Action	Permitted
Request copy of summons	Yes
Request proof of service	Yes
Request estimated duration	Yes
Require daily check-ins	Reasonable requests only

Job Protection

Reinstatement Rights

Employees returning from jury duty are entitled to:

Right	Description
Same position	Return to exact position held
Same pay	No reduction in wages
Same benefits	Continued benefits eligibility
Same seniority	No loss of accumulated seniority

What Employers Cannot Do

Prohibited Action	Explanation
Terminate for jury duty	Explicit violation of Labor Code 230
Threaten termination	Considered retaliation
Demote or reduce pay	Adverse action prohibited
Reduce hours as punishment	Retaliation is illegal
Give negative performance reviews	Cannot penalize for jury service
Require use of vacation time	Cannot force vacation use
Require finding replacement	Employer must manage coverage

Requesting Postponement or Excuse

When Postponement May Be Appropriate

Employees may request postponement from the court for:

Reason	Typical Outcome
Pre-planned vacation	Usually granted one-time postponement
Major work deadline	May be granted with documentation
Medical procedure	Usually granted with documentation
Family emergency	Usually granted
Recent prior service	May be excused

Employer's Role in Postponement

Employer May	Employer May Not
Provide letter explaining business hardship	Force employee to request excuse
Request employee seek postponement	Require employee to avoid serving
Suggest timing that works better	Threaten employee for serving

Important: The court makes the final decision on postponements and excusals. Employer hardship letters may be considered but are not determinative.

Excusal from Service

Jurors may be excused for:

Reason	Documentation Needed
Medical condition	Doctor's note
Undue hardship	Explanation to court
Lack of English proficiency	Self-declaration
Prior recent service	Court records
Caregiver responsibilities	Explanation to court

Interaction with Other Leave

Jury Duty and FMLA/CFRA

Jury duty leave is separate from CFRA and FMLA:

Feature	Jury Duty Leave	CFRA/FMLA
Purpose	Civic duty	Family/medical
Duration	As needed	12 weeks max
Pay	Typically unpaid	Unpaid
Job protection	Yes	Yes
Concurrent use	No	N/A

Jury Duty and Paid Time Off

Leave Type	Can Be Required?
Vacation	No - employer cannot require
PTO	No - employer cannot require
Sick leave	No - not appropriate use
Personal days	No - employer cannot require

Employee Choice: Employees may voluntarily choose to use paid leave during jury duty to maintain income, but employers cannot mandate this.

Enforcement and Remedies

Filing a Complaint

Employees who experience retaliation for jury duty can:

Option	Process
Labor Commissioner	File wage claim or retaliation complaint
Private lawsuit	Sue for wrongful termination/retaliation
Report to court	Notify court of employer interference

Available Remedies

Remedy	Description
Reinstatement	Return to position
Back pay	Lost wages
Lost benefits	Value of lost benefits
Attorney's fees	Legal costs
Penalties	Statutory penalties
Punitive damages	In egregious cases

Criminal Penalties

Employer interference with jury duty may also result in:

Violation	Potential Consequence
Contempt of court	Fines, possible jail time
Labor Code violation	Civil penalties
Criminal misdemeanor	In extreme cases

Best Practices for Employers

Policy Development

Create a written jury duty policy that includes:

1. Statement of support for civic duty
2. Notice requirements for employees
3. Pay policy (paid or unpaid, how much, how long)
4. Documentation requirements (summons, proof of service)
5. Communication expectations during service
6. Return to work procedures

Sample Policy Elements

Element	Recommendation
Paid leave	Consider offering 1-2 weeks paid
Notice	Request as soon as summons received
Documentation	Copy of summons, proof of attendance
Partial day work	Allow return to work after court dismissal
Extended trials	Plan for coverage, maintain communication

Managing Extended Jury Service

For long trials:

Action	Implementation
Temporary coverage	Cross-train other employees
Workload distribution	Reassign critical duties
Communication	Weekly check-ins (without pressure)
Documentation	Track all leave for records
Return planning	Smooth transition back

Common Compliance Mistakes

Mistake	Correction
Requiring vacation use	Make it employee's choice
Penalizing in performance reviews	Exclude jury time from metrics
Expressing displeasure	Maintain neutral/supportive stance
Pressuring postponement	Let employee make the decision
Not holding position	Guarantee same job upon return

Federal Employee Protections

Federal employees have additional protections:

Protection	Details
Paid jury duty	Federal employees receive full pay
Jury fees	Must be turned over to employer (except travel)
Job protection	Full protection under federal law

Practical Examples

Example 1: Short-Term Jury Selection

Scenario: Maria receives a jury summons for Monday at 8 AM. She notifies her employer on Thursday. She reports to court Monday, goes through selection, and is not chosen. She's released at 2 PM.

Analysis:

• Maria provided reasonable notice
• She should report to court as summoned
• After release at 2 PM, employer may ask her to return to work (if reasonable)

Outcome: Maria misses Monday morning, returns to work Monday afternoon. No pay is required by law, but employer's policy provides paid jury duty leave. Her position and schedule are unaffected.

Example 2: Extended Trial Service

Scenario: John is selected for a jury on a complex fraud case expected to last 6-8 weeks. He works as a project manager with several active projects.

Analysis:

• John must be allowed full leave for trial duration
• Employer must hold his position
• Extended coverage arrangements are employer's responsibility

Outcome: John serves on the jury for 7 weeks. His employer redistributes his projects temporarily. Upon return, John resumes his position with same pay, benefits, and seniority. His employer has a policy of paying for the first 10 days of jury duty; after that, John receives only the court's $15/day.

Example 3: Employer Pressure

Scenario: Sarah receives a jury summons. Her manager says, "We're really busy right now. You should try to get out of it. I had an employee who got on a jury and it was a nightmare."

Analysis:

• This comment is problematic but may not rise to illegal coercion
• Sarah is protected if she chooses to serve
• Any adverse action would be illegal retaliation

Outcome: Sarah serves on the jury despite her manager's comments. When she returns, she notices she's been removed from a high-profile project. This could constitute retaliation. Sarah documents the situation and may file a complaint if the pattern continues.

Example 4: Exempt Employee and Pay

Scenario: David is a salaried exempt employee earning $1,500/week. He serves on a jury Monday through Wednesday, then returns to work Thursday and Friday.

Analysis:

• David worked part of the week (Thursday-Friday)
• As exempt employee, he must receive full weekly salary
• Employer cannot dock pay for partial week of jury duty

Outcome: David receives his full $1,500 weekly salary despite missing Monday-Wednesday for jury duty. The employer's jury duty policy provides additional paid leave, so there's no deduction from PTO.

Jury Duty and Remote Workers

For remote employees:

Consideration	Guidance
Summons location	Typically where employee resides
California protections	Apply if employee works in CA
Time zone issues	Court schedule takes precedence
Partial day flexibility	May be able to work around court hours

Employer Support Strategies

Supporting Employees on Jury Duty

Strategy	Benefit
Paid jury duty	Reduces financial stress
Flexible return	Allow adjustment after release
Neutral communication	Maintains positive relationship
Coverage planning	Reduces employee guilt
Recognition	Acknowledge civic contribution

Building a Positive Culture

Employers benefit from supporting jury duty because:

• Demonstrates good corporate citizenship
• Builds employee loyalty and trust
• Avoids legal liability
• Supports the justice system employees may someday need
• Creates positive workplace culture

Jury duty leave is a fundamental protection that allows employees to fulfill their civic responsibilities without fear of job loss. Employers who handle jury duty requests professionally and supportively contribute to both a fair justice system and a positive workplace environment.