Employee Gets Jury Duty Summons...Now What?

Chances are, most readers have received a jury duty summons at some point in their lives.  Oftentimes it seems the jury duty summons occurs at the least opportune time:  with a pending deadline at work, childcare responsibilities, a trip planned, etc.  While some states allow a jury duty summons to be re-set (or excused in its entirety), sometimes it simply cannot be done and the employee will have to take time off work.  Unfortunately, some employers do not take kindly to the employee missing work for jury duty, with some employers even punishing or terminating the employee for missing work.  Employers, in a word:  Do not do this.  Instead, there are more appropriate/lawful ways to manage an employee’s jury duty summons without running afoul of the law.

While this reference is not the definitive guide to the topic and not intended to serve as legal advice (those experiencing a similar situation should consult their HR representative and/or employment law attorney for guidance), it provides a framework that can be referred to when needed.

As always, at the outset, I advise readers to consult the law in their state in regard to jury duty, as the law varies from state to state.  For the sake of this post, I will use Texas as an example.  Under Chapter 122 of the Texas Civil Practice & Remedies Code (“CPRC”), a permanent employee is protected when attending jury duty. The employee must notify their employer of the leave and give notice that the employee intends to return to work after completing the jury duty as soon as practical.  For those employers that penalize or terminate an employee for attending jury duty, the employee is entitled to not less than one year’s salary nor more than five year’s salary along with attorney’s fees.  (Friendly reminder Texas employees:  Texas law requires that a cause of action in regard to Chapter 122 of the CPRC be filed no later than the second anniversary of the date in which jury duty commenced).

Readers might be wondering what would constitute  ‘penalizing’ an employee.  This could include giving the employee additional work assignments, failing to promote the employee, withholding a bonus, docking pay, not allowing the employee to use previously scheduled time off, etc.  Quite simply, any employment action that could reasonably be viewed as negative or that would place the employee in a diminished work capacity could be viewed as unlawful and therefore expose the employer to liability under the CPRC or related statute/caselaw in another state.

Employee Handbook

To avoid this situation, I would suggest employers implement a written policy (preferably in a handbook that has been distributed to employees), that spells out how the employer handles an employee’s jury duty summons.  This policy could provide whom must be notified of the jury duty, request a copy of the summons itself (which indicates the time, place, and date), and other pertinent information related to the employee missing work to attend jury duty.

Employee Pay

Of course, many are now wondering whether employees have to be paid for attending jury duty.  As the old lawyer adage goes:  It depends.

• Salaried exempt employees:  If the employee works any part of a 5 day week and misses a portion to attend jury duty, he/she must receive "regular wages" for the week.  "Regular wages" mean the standard salary for the week but does not include performance bonuses or other related incentives.  If the employee misses an entire week, he/she is due no pay for that week.
• Salaried and hourly non-exempt employees:  Employers are not required to pay the wages for these employees while they attend jury duty.
• Temporary/Seasonal employees:  These employees are not entitled to pay for attending jury duty.  Perhaps even more troubling, these employees are not protected by the above mentioned laws (the CPRC)

However, a breath of fresh air for employers would come in handy here, right?  Good news then.  Texas law allows employers to have employees that attend jury duty use their paid vacation or other paid time off as long as it is not contrary to existing company policies or labor agreements.