Jury Duty Leave Laws for Employees: 50-State Survey

Some employees feel anxious about whether they can take time off from work to serve on a jury when required. While federal law does not address this issue, nearly every state has a law protecting employees summoned for jury duty. Some states require an employer to provide at least a limited amount of paid leave, but the majority of states do not. However, an employer that retaliates against an employee for performing jury service usually will face legal consequences. These may involve civil liability to the employee for damages, reinstatement, or both, or the employer may face criminal penalties.

Click on a state below to learn more about its protections for employees who need to be absent from work for jury duty.

Alabama

The Alabama jury duty leave law provides that an employer must excuse an employee from their job for any days that they are required to serve as a juror if the employee shows the summons for jury duty to their superior on the next day that they are engaged in their employment. An employee may not be asked or required to use their annual, vacation, unpaid, or sick leave for this purpose. An employee must report for work on their next regularly scheduled hour after being dismissed from a jury to be shielded from adverse employment action. If the employee does, but their employer nevertheless fires or takes an adverse employment action against them for serving on a jury, the employee can sue the employer for damages.

A court must reschedule the service of a summoned juror if their employer has five or fewer employees, and another employee has been summoned to appear during the same period.

Alaska

The Alaska jury duty leave law provides that an employer cannot fire an employee or threaten, coerce, or penalize them when they receive or respond to a summons for jury service, serve as a juror, or attend court for prospective jury service. If an employer violates this law, the employee can sue the employer for the remedies above.

Arizona

The Arizona jury duty leave law provides that an employer cannot fire or otherwise penalize an employee for serving as a grand or trial juror, nor can they refuse to permit an employee to serve as a juror. An employee must not be asked or required to use annual, vacation, or sick leave for these purposes. An employee must not lose seniority due to jury service and must at least be restored to their previous position upon their return to employment. A court must reschedule the service of a summoned juror if their employer has five or fewer employees, and another employee is serving as a juror during the same period.

Arkansas

The Arkansas jury duty leave law provides that an employee who gives reasonable notice of a jury summons to their employer must not be fired or otherwise penalized because of their absence from employment due to jury duty. An employer cannot remove sick leave or vacation time for this reason.

California

The California jury duty leave law provides that an employer cannot fire or otherwise discriminate or retaliate against an employee for taking time off to serve as required by law on an inquest jury or trial jury if the employee gives reasonable notice to the employer before taking the time off. An employee may use vacation, personal leave, or compensatory time off for this purpose. If an employer violates this law, an employee may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations.

Colorado

The Colorado jury duty leave law provides that an employer must not fire, harass, threaten, coerce, or otherwise adversely treat an employee because they have received a juror summons, responded to a summons, or performed juror service as a trial or grand juror. An employer also cannot make demands on an employee that substantially interfere with their effective performance of juror service. An employee can sue their employer for a violation of this law. If an employer engaged in willful misconduct, a court may award treble damages and reasonable attorney fees to the employee. A willful violation also may lead to a class 2 misdemeanor charge.

In addition, an employer that fails to compensate an employee as required above within 30 days after tender of the juror service acknowledgement information may be liable to the employee in a civil action. An employer must pay these amounts notwithstanding an extreme financial hardship. Willful misconduct may lead to an award of treble damages and reasonable attorney fees to the employee.

Connecticut

  • State law: Connecticut General Statutes Section 51-247a
  • Paid leave: Yes (regular wages for first 5 days)
  • Penalty for violation: Lost wages (capped at 10 weeks), reinstatement, reasonable attorney fee, potentially treble damages; criminal contempt

The Connecticut jury duty leave law provides that an employer cannot fire, threaten, or otherwise coerce an employee because they receive a jury summons, respond to a summons, or serve as a juror. If an employee serves eight hours of jury duty in one day, this means that they have worked a legal day’s work, and the employer cannot require that employee to work more hours. If an employer fires an employee for reasons related to jury duty, the employee can sue the employer within 90 days of discharge. An employee also can sue their employer if they fail to compensate the employee as required above, even if the employer faced extreme financial hardship. If the employer acted willfully in failing to compensate the employee, the court may award treble damages.

Delaware

  • State law: 10 Delaware Code Section 4515
  • Paid leave: No
  • Penalty for violation: Lost wages, reinstatement, reasonable attorney fee; criminal contempt

The Delaware jury duty leave law provides that an employer cannot fire, threaten, or otherwise coerce an employee because they receive a jury summons, respond to a summons, serve as a juror, or attend court for prospective jury service. An employee who was fired in violation of this law may file a civil action against the employer within 90 days. An employer must not consider the juror allowance as pay.

Florida

  • State law: Florida Statutes Section 40.271
  • Paid leave: Not required, but jurors who do not continue to receive regular wages are paid $15 per day from the state for the first 3 days ($30 per day afterward)
  • Penalty for violation: Compensatory damages, punitive damages, reasonable attorney fees; contempt

The Florida jury duty leave law provides that an employee who has been summoned or accepted to serve on a grand or petit jury cannot be fired for any cause because of the nature or length of their service. Threats of dismissal for any cause because of the nature or length of jury service may be deemed contempt of court. An employee can bring a civil action if their employer violates this law.

Georgia

  • State law: Georgia Code Section 34-1-3
  • Paid leave: Yes, according to Attorney General opinion (regular wages minus funds received for jury service)
  • Penalty for violation: Actual damages, reasonable attorney fees

The Georgia jury duty leave law provides that an employer must not fire or otherwise penalize an employee for being absent from employment for attending a judicial proceeding in response to a summons for jury duty. (An employer also cannot threaten to take such an action.) An employer may require an employee to comply with regulations requiring reasonable notification to the employer of the employee’s expected absence or delay in reporting to work for this reason.

Hawaii

The Hawaii jury duty leave law provides that an employer must not fire an employee or threaten or coerce them with respect to their employment if the employee receives a summons for jury duty, responds to the summons, serves as a juror, or attends court for prospective jury service. If an employer fires an employee in these circumstances, the employee may sue the employer within 90 days after discharge.

Idaho

  • State law: Idaho Code Section 2-218
  • Paid leave: No
  • Penalty for violation: Treble lost wages, reinstatement, reasonable attorney fee; criminal contempt

The Idaho jury duty leave law provides that an employer must not fire an employee or threaten or coerce them with respect to their employment if the employee receives a summons for jury duty, responds to the summons, serves as a juror, or attends court for prospective jury service. If an employer fires an employee in these circumstances, the employee may sue the employer within 60 days after discharge.

Illinois

The Illinois jury duty leave law provides that an employee who has been summoned for jury duty on a petit or grand jury must receive time off to serve on the jury, regardless of their employment shift at the time. An employer must not require a night shift worker to work at night while they are doing jury duty during the day. An employer must not fire, threaten to fire, intimidate, or coerce an employee due to their jury service, or their attendance or scheduled attendance related to jury service. However, an employee must give reasonable notice of jury service to the employer, which means that they must deliver a copy of the summons to the employer within 10 days of the date that it was issued to the employee. An employee must provide this reasonable notice to access the remedies described above. An employee who is reinstated to employment after jury service is considered to have been on furlough or leave of absence during jury service, and they must be reinstated without loss of seniority.

Indiana

The Indiana jury duty leave law provides that an employer must not knowingly or intentionally fire an employee, deprive them of employment benefits, or threaten either of these actions because an employee has received or responded to a summons for jury duty, served as a juror, or attended court for prospective jury service. If an employee is fired in these circumstances, they may sue the employer within 90 days of their dismissal.

Iowa

  • State law: Iowa Code Section 607A.45
  • Paid leave: No
  • Penalty for violation: Lost wages (capped at 6 weeks), reinstatement, reasonable attorney fees; contempt

The Iowa jury duty leave law provides that an employer must not fire an employee or threaten or coerce them with respect to their employment because the employee receives a notice to report for jury duty, responds to the notice, serves as a juror, or attends court for prospective juror service. If an employer fires an employee in these circumstances, the employee may sue the employer within 60 days of the discharge.

Kansas

  • State law: Kansas Statutes Section 43-173
  • Paid leave: No
  • Penalty for violation: Lost wages and other benefits, actual damages, reinstatement, injunction against further violations, reasonable attorney fees

The Kansas jury duty leave law provides that an employer must not fire or threaten to fire an employee due to their jury service, or their attendance or scheduled attendance related to jury service. An employee who is reinstated after jury service is considered as having been on furlough or leave of absence during jury service and must be reinstated to their position without loss of seniority.

Kentucky

The Kentucky jury duty leave law provides that an employer must not fire an employee or threaten or coerce them with respect to their employment because the employee receives a summons for jury duty, responds to the summons, serves as a juror, or attends court for prospective jury service. If an employer fires an employee in these circumstances, the employee may sue the employer within 90 days of their discharge.

Louisiana

  • State law: Louisiana Revised Statutes Section 23:965
  • Paid leave: Yes (1 day of full wages)
  • Penalty for violation: Reinstatement; fine between $100 and $1,000 (1 day of full wages and fine between $100 and $500 for failure to grant paid leave)

The Louisiana jury duty leave law provides that an employer must not fire or otherwise discriminate against an employee who is called to serve or presently serving jury duty. The employee must notify their employer of the summons within a reasonable time after receiving the summons and prior to their appearance for jury duty. The legally mandated one-day paid leave must be granted without the loss of sick, emergency, or personal leave, or other benefits.

Maine

  • State law: 14 Maine Revised Statutes Section 1218
  • Paid leave: No
  • Penalty for violation: Lost wages (capped at 6 weeks), any lost health insurance benefits, reinstatement, reasonable attorney’s fee; Class E crime

The Maine jury duty leave law provides that an employer must not fire an employee, deprive them of health insurance coverage, or threaten or coerce them with respect to their employment or health insurance coverage because the employee receives a summons for jury service, responds to a summons, serves as a juror, or attends court for prospective jury service. If an employer fires an employee or terminates their health insurance coverage in these circumstances, the employee may sue the employer within 90 days for the remedies above.

Maryland

The Maryland jury duty leave law provides that an employer must not fire an employee or coerce, intimidate, or threaten to fire them because the employee loses employment time in responding to a summons for jury duty or attending a circuit court for jury service. An employer also may not require an employee who appears for jury service for four or more hours, including traveling time, to work an employment shift that begins on or after 5 p.m. on the day of their appearance for jury service, or before 3 a.m. on the day after their appearance for jury service. Finally, an employer may not require an employee to use their annual, sick, or vacation leave to respond to a summons for jury service.

Massachusetts

  • State law: Massachusetts General Laws Chapter 234A, Section 61; Ch. 234A, § 48; Ch. 234A, § 60
  • Paid leave: Yes (3 days at regular wages), unless extreme financial hardship for employer; state pays reasonable compensation for first 3 days (up to $50 per day) if employer would face extreme financial hardship
  • Penalty for violation: Damages, injunctive relief, potentially treble damages and reasonable attorney’s fees; fine up to $5,000

The Massachusetts jury duty leave law is divided into two statutory sections. Under Section 61, an employer must not fire an employee, deprive them of benefits, or harass, threaten, or coerce the employee because they receive a juror summons, respond to a juror summons, or perform juror service as a grand or trial juror. An employer must not impose compulsory work assignments on an employee or engage in any other intentional act that substantially interferes with the availability, effectiveness, attentiveness, or peace of mind of the employee during juror service. If an employer violates any of these laws, the employee may sue the employer for the remedies above. If the employer acted willfully, the court may award treble damages and reasonable attorney’s fees.

Under Section 60, if the employer fails to compensate the employee as required above, the employee may sue the employer 30 days after the tender of the juror service certificate to the employer. Extreme financial hardship on the employer is not a defense to a wage violation. If the employer acted willfully, the court may award treble damages and reasonable attorney fees. A willful violation of Section 60 is also a violation of Section 61, and an employee seeking a civil remedy against an employer can elect to proceed under either Section 60 or Section 61.

Michigan

The Michigan jury duty leave law provides that an employer must not fire, discipline, or threaten to fire or discipline an employee because they are summoned for jury duty, serve on a jury, or have served on a jury. An employer must not require an employee who has jury duty to work any number of hours during a day that, if added to the number of hours that they spend on jury duty during that day, exceeds the number of hours normally worked by the employee during a day. Also, an employer must not require an employee who has jury duty to work the number of hours normally worked by the employee during a day if this extends beyond their normal quitting time.

Minnesota

  • State law: Minnesota Statutes Section 593.50
  • Paid leave: No
  • Penalty for violation: Lost wages (capped at 6 weeks), reinstatement, reasonable attorney’s fee; criminal contempt

The Minnesota jury duty leave law provides that an employer must not fire an employee or threaten or coerce them with respect to their employment because the employee receives a summons for jury duty, responds to a summons, serves as a juror, or attends court for prospective jury service. If an employer fires an employee in these circumstances, the employee may sue the employer within 30 days.

Mississippi

The Mississippi jury duty leave law provides that an employer must not attempt to persuade an employee to avoid jury service, intimidate or threaten an employee regarding jury service, or fire an employee or subject them to adverse employment action as a result of jury service if the employee notifies the employer that they have been summoned to serve as a juror within a reasonable time after receiving a summons. Moreover, an employer must not require or request an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, participating in the jury selection process, or actually serving on a jury.

However, a court must automatically reschedule the service of a summoned employee when their employer has five or fewer employees, and another employee has been summoned to appear during the same period.

Missouri

The Missouri jury duty leave law provides that an employer must not fire, discipline, threaten, or otherwise take an adverse action against an employee due to the employee receiving or responding to a jury summons. If an employee is fired in these circumstances, they may sue the employer within 90 days of discharge. Moreover, an employer may not require or request an employee to use annual, vacation, personal, or sick leave for time spent responding to a summons for jury duty, participating in the jury selection process, or actually serving on a jury.

However, a court must automatically reschedule the service of a summoned employee if their employer has five or fewer employees, and another employee has been summoned to appear during the same period.

Montana

  • State law: None
  • Paid leave: No
  • Penalty for violation: N/A

Montana does not have a law specifically protecting employees in the private sector who are called to jury duty. However, a Montana employer must not fire an employee in retaliation for refusing to violate public policy, so an employee likely could sue their employer for wrongful discharge if they are fired for reasons related to jury duty.

Nebraska

The Nebraska jury duty leave law provides that an employer must not subject an employee to discharge, loss of pay, loss of sick leave, loss of vacation time, or any other penalty due to their absence from employment for jury duty. An employee who is summoned to serve on jury duty must be excused upon request from any shift work for days required to serve as a juror without loss of pay. An employee must give reasonable notice of the summons to their employer.

Nevada

  • State law: Nevada Revised Statutes Section 6.190
  • Paid leave: No
  • Penalty for violation: Lost wages and benefits, reinstatement, damages equal to lost wages and benefits, reasonable attorney’s fees, punitive or exemplary damages (capped at $50,000); gross misdemeanor

The Nevada jury duty leave law provides that an employer must not fire an employee due to their service as a juror or prospective juror, or tell the employee that their service will result in the termination of their employment. If an employee is fired in these circumstances, they can sue their employer for the remedies above. Moreover, if an employee is summoned to appear for jury duty, the employer must not require the employee to use sick leave or vacation time for jury duty. The employer also must not require the employee to work within eight hours before the time when the employee must appear for jury duty, or require the employee to work between 5 p.m. on the day of their appearance for jury duty and 3 a.m. on the following day if their service has lasted for four hours or more on the day of their appearance for jury duty, including time traveling to and from court.

A summons for jury duty must be accompanied by a notice to the employer, which must inform the employer that the employee has been summoned for jury duty and describe the legal protections above. An employee must give the notice to their employer at least three days before appearing for jury duty.

New Hampshire

The New Hampshire jury duty leave law provides that an employer must not fire an employee or threaten or coerce them regarding their employment because they receive and respond to a summons, serve as a juror, or attend court for prospective jury service. If an employer fires an employee in these circumstances, the employee may sue the employer within one year of their discharge.

New Jersey

The New Jersey jury duty leave law provides that an employer must not penalize an employee or threaten or coerce an employee with respect to their employment because the employee is required to attend court for jury service. If an employer penalizes an employee in these circumstances, the employee may sue the employer within 90 days of the violation or the completion of jury service, whichever is later.

New Mexico

The New Mexico jury duty leave law provides that an employer must not fire, threaten, or coerce an employee because they receive a summons for jury service, respond to the summons, serve as a juror, or attend court for prospective jury service. Moreover, an employer must not request or require an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury service, participating in the jury selection process, or serving on a jury.

A court must reschedule the service of a summoned juror if their employer has five or fewer employees, and another employee is summoned to appear during the same period, or in certain other rare cases provided by statute.

New York

  • State law: New York Judiciary Law Section 519
  • Paid leave: Employers with 11 or more employees must not withhold the first $40 of an employee’s daily wage during the first 3 days of jury service
  • Penalty for violation: Criminal contempt

The New York jury duty leave law provides that an employer must not fire or penalize an employee who has been summoned to serve as a juror and notifies the employer to that effect before the beginning of a term of service.

North Carolina

The North Carolina jury duty leave law provides that an employer must not discharge or demote an employee because they have been called for jury duty, or are serving as a grand or petit juror. If an employer violates this law, the employee can sue the employer within one year.

North Dakota

The North Dakota jury duty leave law provides that an employer must not fire or lay off an employee, or penalize, threaten, or otherwise coerce them with respect to their employment, because the employee receives a summons for jury service, responds to the summons, serves as a juror, or attends court for jury service. If an employer fires an employee in these circumstances, the employee may sue the employer within 90 days.

Ohio

The Ohio jury duty leave law provides that an employer must not fire, threaten to fire, or take any disciplinary action that could lead to the discharge of an employee summoned to serve as a juror if the employee provides reasonable notice to the employer of the summons before the beginning of their jury service, and if the employee is absent because of actual jury service. An employer must not request or require an employee to use annual, vacation, or sick leave for time responding to a summons for jury duty, participating in the jury selection process, or serving on a jury.

A court may be required to reschedule the service of an employee if their employer has 25 or fewer employees, and another employee was summoned to appear and served as a juror within 30 days prior to the date on which the currently summoned employee has been summoned. Service will be rescheduled to a date not more than six months from the date of the summons.

Oklahoma

  • State law: Oklahoma Statutes Section 38-35
  • Paid leave: No (employee can decide whether to use paid leave)
  • Penalty for violation: Actual and exemplary damages (including lost wages, future lost wages, lost leave, mental anguish, reasonable damages incurred in obtaining other suitable employment); misdemeanor

The Oklahoma jury duty leave law provides that an employer that fires an employee, takes any other adverse action against an employee, or requires an employee to use sick, annual, or vacation leave related to their jury service is liable to the employee in a civil action for damages. (A parallel law imposes criminal penalties for the same conduct and provides that the employee must notify their employer of the summons within a reasonable period of time.)

Oregon

  • State law: Oregon Revised Statutes Section 10.090
  • Paid leave: No
  • Penalty for violation: Injunctive relief and other equitable relief, including reinstatement (with or without back pay); civil penalty

The Oregon jury duty leave law provides that an employer must not fire, threaten to fire, intimidate, or coerce an employee due to their service or scheduled service as a juror. An employer also may not require an employee to use vacation, sick, or annual leave for time spent responding to a summons for jury duty, and the employer must allow the employee to take unpaid leave for this time. An employee can sue their employer or file a complaint with the Commissioner of the Bureau of Labor and Industries for a violation of this law.

Pennsylvania

The Pennsylvania jury duty leave law applies only to employers in the retail or service industry that employ 15 or more employees, and employers in the manufacturing industry that employ 40 or more employees. An employer must not fire an employee, deprive them of seniority or benefits, or threaten or otherwise coerce them with respect to their employment because the employee receives a summons for jury duty, responds to the summons, serves as a juror, or attends court for prospective jury service. If the employer violates this law, the employee can sue the employer. An employee who is not covered by the law must be excused from jury service upon request to the court.

Rhode Island

The Rhode Island jury duty leave law provides that an employer must not cause an employee to suffer the loss of their position, wage increases, promotions, longevity benefit, or any other emolument due to the employer-employee relationship because the employee has been called to serve jury duty.

South Carolina

The South Carolina jury duty leave law provides that an employer must not dismiss or demote an employee because they comply with a valid subpoena to serve on a jury. An employee can sue their employer for violating this law. Damages for dismissal are capped at one year’s salary or 52 weeks of wages based on a 40-hour week in the amount that the employee was receiving when they received the subpoena. Damages for demotion are capped at the difference for one year between the salary or wages based on a 40-hour week that the employee received before the demotion and the amount received after the demotion.

South Dakota

The South Dakota jury duty leave law provides that an employer must not fire or suspend an employee for serving as a juror. An employee serving as a juror must retain and be entitled to the same job status, pay, and seniority as they had before performing jury duty.

Tennessee

  • State law: Tennessee Code Section 22-4-106
  • Paid leave: Yes (usual compensation minus any fee or compensation for serving as juror), except for employers with fewer than five employees or employees who have been employed by the employer on a temporary basis for less than six months
  • Penalty for violation: Reinstatement, reimbursement for lost wages and work benefits; Class A misdemeanor

The Tennessee jury duty leave law provides that an employee must show a summons to report for jury duty to their superior on the next day that they are engaged in their employment after they receive it. An employer must excuse an employee from employment for each day that their service as a juror exceeds three hours. If the employee provides notice as required above, the employer cannot fire or otherwise discriminate against them for serving on jury duty. An employee who has been fired, demoted, or suspended because they took time off for jury duty can sue their employer for the civil remedies above.

When an employee summoned for jury duty is working a night shift or during hours preceding those in which court is held, the employee must be excused from employment for the shift preceding their first day of service. If their responsibility for jury duty exceeds three hours in a day after the first day of service, they must be excused from their next scheduled work period within 24 hours of that day of service.

Texas

  • State law: Texas Civil Practice and Remedies Code Section 122.001
  • Paid leave: No
  • Penalty for violation: Reinstatement, damages in an amount between one and five years of compensation at the rate of their compensation when they were summoned, reasonable attorney’s fees; Class B misdemeanor, potentially contempt

The Texas jury duty leave law provides that an employer must not fire, threaten to fire, intimidate, or coerce a permanent employee because they serve as a juror, or for their attendance or scheduled attendance in connection with jury service. An employee who has been fired, threatened with firing, intimidated, or coerced is entitled to return to the same employment that they held when they were summoned for jury service if they give the employer actual notice, as soon as is practical after their release from jury service, that they intend to return. If an employer violates their rights, an employee can sue the employer within two years of the date when they served as a juror or grand juror.

Utah

  • State law: Utah Code Section 78B-1-116
  • Paid leave: No
  • Penalty for violation: Lost wages (capped at 6 weeks), reinstatement, reasonable attorney fees; criminal contempt

The Utah jury duty leave law provides that an employer must not fire an employee, threaten or take any adverse employment action against them, or otherwise coerce them regarding their employment because the employee receives a summons for jury duty, responds to the summons, serves as a juror or grand juror, or attends court for prospective jury or grand jury service. Moreover, an employee must not be requested or required to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, participating in the jury selection process, or actually serving on a jury. If an employee is fired in these circumstances, they can sue the employer within 30 days.

Vermont

The Vermont jury duty leave law provides that an employer must not fire an employee because of their jury service, or penalize them or discriminate against them for this reason. For purposes of seniority, fringe benefits, credit toward vacations, and other benefits, employees are considered in the service of their employer while serving as jurors.

Virginia

The Virginia jury duty leave law provides that an employee who is summoned to serve on jury duty must not be fired, face an adverse personnel action, or be required to use sick leave or vacation time due to their absence for jury duty if they provide reasonable notice to their employer. An employer must not require an employee who is summoned and appears for jury duty for four or more hours in one day to start a work shift that begins on or after 5 p.m. on the day of their appearance for jury duty, or that begins before 3 a.m. on the day after the day of their appearance for jury duty.

Washington

The Washington jury duty leave law provides that an employer must give an employee a sufficient leave of absence to serve as a juror when the employee is summoned. An employer must not fire, threaten, coerce, or harass an employee, or deny promotional opportunities to them, based on receiving a summons for jury duty, responding to the summons, serving as a juror, or attending court for prospective jury service. If an employer violates this law, the employee can sue the employer.

Washington, D.C.

  • State law: District of Columbia Code Section 11-1913; § 15-718
  • Paid leave: Yes (usual compensation minus fee received for jury service when jury service lasts 5 days or less)
  • Penalty for violation: Lost wages, reinstatement, damages, reasonable attorney fees; criminal contempt

The Washington, D.C. jury duty leave law provides that an employer must not fire, threaten, or otherwise coerce an employee with respect to their employment because the employee receives a summons for jury service, responds to a summons, serves as a juror, or attends court for prospective jury service. If an employer fires an employee in these circumstances, the employee can sue the employer within nine months of their discharge.

West Virginia

  • State law: West Virginia Code Section 52-3-1
  • Paid leave: No
  • Penalty for violation: Order to cease and desist, reinstatement (with or without back pay), reasonable attorney’s fees; civil contempt

The West Virginia jury duty leave law provides that an employer must not discriminate against an employee who received or was served with a summons for jury duty, or who was absent from work to respond to a summons for jury duty or to serve on a jury. If an employer violates this law, the employee can sue the employer in the circuit court of the county where the jury summons originated or the discrimination occurred. The remedies above may be available if the court finds that the employer terminated or threatened to terminate the employee, or decreased their regular compensation for time when they were not actually away from their employment because they served as a juror.

Wisconsin

  • State law: Wisconsin Statutes 756.255
  • Paid leave: No
  • Penalty for violation: “Full restitution,” including reinstatement and back pay; fine

The Wisconsin jury duty leave law provides that an employer must give a leave of absence to an employee without loss of time in service for the period of jury service. Jury service does not interrupt the status of an employee for the purpose of seniority or pay advancement. An employer must not fire or take other disciplinary action against an employee based on their absence for jury service.

Wyoming

  • State law: Wyoming Statutes Section 1-11-401
  • Paid leave: No
  • Penalty for violation: Injunction from further violations, reinstatement, exemplary damages (capped at $1,000 per violation per employee), reasonable costs and attorney’s fees

The Wyoming jury duty leave law provides that an employer must not fire, threaten to fire, intimidate, or coerce an employee for reasons related to jury service. If an employer violates this law, an employee may sue the employer within six months after the violation. If an employee is reinstated under this law, they will be considered as having been on furlough or leave of absence during their jury service and must be reinstated to their position without loss of seniority.

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