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And Another Thing...

Your employee has been chosen for jury duty and will be unable to come in to work for an unknown amount of time, do you need to pay them?  The simple answer is yes if they are exempt employees, but If they are hourly employees the answer is no.  Do you have a policy explaining this scenario at your company?  If not, here is some background information for you to consider.

Employers’ Obligations:

Federal law does not require employers to pay their non-exempt employees’ wages for jury duty.

PA Law does not require the employer to compensate the employee for employment time lost because of such jury service.

Under Federal law for exempt employees, deductions may not be made for absences of an employee caused by jury duty. The employer may, however, offset any amounts received by the employee as jury fees against the salary due for that particular week without loss of the exemption. Federal jurors are paid $40 per day and, in most courts, reimbursed for reasonable transportation and parking expenses.

Employers are, however, required to (1) consider employees on a leave of absence during jury service; (2) continue their insurance and other benefits according to established leave of absence policies; and (3) reinstate employees to their positions without loss of seniority.

 

Jury Duty is protected; employer cannot terminate or otherwise penalize or retaliate against an employee because the employee serves as a juror.  Similar protection is applied to an employee serving as a witness.

You can choose to pay employees for jury duty - if so you need to consistently apply that policy.

You can require employees to show proof of summons.

 Things to consider when drafting a jury duty policy:

  • Will the leave be paid?
  • How will pay be calculated?
  • What happens to pay from the court?
  • Will employees be paid vacation or holiday pay while serving?
  • What proof will I require employees to present in order to be granted leave?
  • Is there a time limit to the amount of paid jury leave that I will grant?
  • What is the employee to do if released early or not called on a given day?
  • Which recordkeeping system will I use to document jury leave pay?
  • Are any employees ineligible for paid leave?

Statute Reference:

42 Pa. Cons. Stat. § 4563. Protection of employment of petit and grand jurors.
Witness Duty/Crime Victim Leave: 18 Pa. Cons. Stat. §4957
Federal - Jury Systems Improvement Act 28 USC § 1875 - Protection of jurors’ employment

If you need assistance when drafting this policy, please don’t hesitate to call our offices or e-mail us at help@rckelly.com.



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