Jury Duty and Voting: Employee Rights

Voting and serving on a jury are civic duties crucial to our country's democratic process. These processes require both employers and employees to sacrifice during elections or when a worker is called for jury duty. Federal law does not mandate that employers give time off for voting and jury duty. But, most states have protections that ensure you can participate in an election or serve as a juror without consequence to your job.

If your employer has negatively impacted your ability to vote or serve on a jury, contact a local employment attorney to explore your legal options.

This article discusses your rights as an employee when taking time off work for voting or jury duty. You’ll learn how state laws address participating in these civil duties during work time, employer responsibilities, and more.

Your Right to Time Off for Jury Duty

The same laws that protect your right to take time to vote also protect your right to take time to serve on a jury. Some employers are reluctant to have their employees sit on a jury for an unknown period of time. State laws notwithstanding, employers will often exert pressure on employees to get out of jury duty.

Recognizing the reluctance of employers, most states prohibit employers from firing or disciplining employees who take time off to serve on a jury. States may also prohibit employers from discouraging or intimidating employees from serving on a jury. If your employer is pressuring you, the best thing to do is to point your employer toward the relevant state law on the issue in a non-confrontational way.

Keep in mind that many states have additional requirements and protections in place. Always check your state's laws and talk to your employer before serving on a jury. For instance, some states require that you furnish proof of being called for jury duty to your employer before taking any time off. Other states have protections in place for specific workers, such as night shift workers, who are granted time off from their night shift if they are serving on a jury during the day.

Does the Law Require Employers To Pay Wages During a Leave of Absence for Jury Duty?

The Fair Labor Standards Act (FLSA), a federal law, does not force employers to pay employees for jury duty service. So, unless mandated by state law or company policy, an employer does not have to pay an employee for serving on a jury.

Taking unpaid leave from work is the biggest issue for most workers summoned for jury duty. While juries are often paid for their services, it’s usually at a very low rate. Unfortunately, most states don't require that your employer give you paid time off, but always check your state's laws because some do.

For example, in Connecticut, full-time workers get regular pay for the first five days of jury duty. After the fifth day, the individual can get up to $50 per day of jury service from the state. Separate from employers, courts often pay jurors a modest amount each day of service.

As a compromise, several states also allow you to use accrued paid leave while you serve on a jury. But, it may be difficult for some workers to think of using vacation time or sick leave to serve on a jury.

Employee Leave for Jury Duty: State Law Examples

To prevent employers from intimidating workers from serving on juries, many states have jury duty laws that ban employers from engaging in threatening or retaliatory tactics. In Maine, for example, an employer may not intimidate an employee by threatening to take away health insurance coverage. In North Dakota, an employer cannot lay off, penalize, or coerce an employee because of jury duty service.

Laws vary by state, but some impose obligations on employees before protection will apply. In Tennessee, workers must prove they have jury duty by showing the employer the summons the day after they get it. In other states, the employee only needs to give "reasonable notice" of a jury duty summons.

Employer Penalties for Violating a Jury Duty Statute

An employer that violates a jury duty statute may face penalties, which vary by state. But in many circumstances, regardless of the penalty stated by law, a discharged employee can file a lawsuit to recover back pay.

In many states, an employer that penalizes or fires an employer can get charged with a misdemeanor. In Colorado, such a violation may be a Class 2 misdemeanor. In Massachusetts, a violation is punishable with a fine of up to $5,000, up to 90 days imprisonment, or both. In other states, such as California, the employee may be entitled to reinstatement, back pay, lost wages, and benefits.

Your Right to Time Off for Voting

Almost all states have prohibitions on employers' disciplining or firing you for taking time off of work to go vote. If you have been disciplined or fired for taking voting leave, contact a lawyer to find out whether this violates your state's laws.

But, many states have requirements before you can take time off to vote. Some states grant you time off only if you can show that you don't have enough time to get to the polls before or after work hours. Other states require you to demonstrate that you actually voted. Some states require that you give your employer advanced notice that you will be taking time off to vote.

Check your state's laws to see if any of these conditions apply to you.

Many employers have employment handbooks or company policies that set forth how your employer deals with voters on work time. Most states don't require that your employer pay you for your time off, but check with your company to see if they do.

Has Your Employer Violated Your Right to Vote or Serve on a Jury? Get Legal Help

Are you called to serve on a jury and unsure if your employer is following the law? First, contact your human resources department and follow up on company policy. If you aren't getting the answers you need, contact a local employment law attorney for legal advice. An experienced attorney can review your situation, explain your rights, and advise you on the best course of action.