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28 U.S.C.§1875
states that no employer may discharge or suspend any employee for serving
as a juror; any employee serving as a juror shall retain and be entitled
to the same job status, pay, and seniority as he or she had prior to serving
as a juror. However, the employer has discretion as to whether absence
for jury duty is with or without pay.
Financial hardship
is not usually a valid reason for the Court to grant an excuse by an individual
summoned for jury duty, especially if the individual is working regularly
in a permanent position with a salary or set hourly rate. Unless there
are some compelling reasons for that excuse, it will not be granted. If
your employment policy is against paying employees while they are on jury
duty, you are asked to reconsider that policy. As you may know, federal
jurors are paid $40.00 per day for their services, so paying the difference
between that figure and your employee's regular salary should not be overly
burdensome.
An employer cannot
request an excuse on behalf of an employee. Letters from employers
are not accepted by the Court.
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