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Information for Employers

Federal law 28 U.S.C.§ 1875 provides that no employer may discharge or suspend any employee for serving as a juror, and any employee serving as a juror must retain and be entitled to the same job status, pay, and seniority, as he or she had prior to serving as a juror. An employer has discretion on whether absence for jury duty is with or without pay.

Financial hardship usually is not a reason the court will grant an excuse to someone summoned for jury duty, especially if he or she is working regularly in a permanent position with a salary or set hourly rate. Unless there is a compelling reason for the excuse, it will not be granted. If your employment policy is against paying an employee while he or she is serving as a juror, you should reconsider the policy. A federal juror is paid $40 a day. 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. The court does not accept letters from employers.