Information For Employers

 

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.