Summary
Do you get paid for jury duty? Federal law does not require private employers to pay employees while they serve on a jury, but it does protect their jobs: the Jury System Improvements Act prohibits firing, threatening or coercing a permanent employee because of federal jury service, and almost every state has an equivalent for state courts. A minority of states require pay: Alabama, Connecticut, Louisiana, Massachusetts, Nebraska and Tennessee require regular wages for at least part of the service; Colorado and New York require a capped daily amount for the first three days; the District of Columbia requires five days; and Illinois will require employers with more than 25 employees to pay the regular rate from January 1, 2027. Separately, exempt salaried employees must receive their full salary for any week in which they work and also serve on a jury, less any juror fees.
Jury service has to be recorded as protected leave, not as an absence. E-Monitor's attendance tracking lets you mark jury duty days so they never count toward attendance points or discipline. Start free →
Do Employers Have to Pay for Jury Duty?
Under federal law, no. The Fair Labor Standards Act requires pay only for hours worked, and time spent on jury duty is not work. A private employer can therefore treat jury service as unpaid leave for non-exempt hourly employees unless a state law, a collective agreement or its own policy says otherwise. Courts pay jurors a modest daily fee instead; federal courts pay $50 a day.
What federal law does require is job protection. The Jury System Improvements Act (28 U.S.C. § 1875) makes it unlawful to discharge, threaten to discharge, intimidate or coerce a permanent employee because of jury service in a federal court. An employer that violates it can be ordered to pay lost wages and benefits, reinstate the employee, and pay a civil penalty of up to $5,000 per violation, plus the employee's attorney's fees. Every state has a comparable protection for state court jury service, and many make retaliation a misdemeanour.
Two federal rules change the answer for some employees. Exempt salaried employees must be paid their full salary for any week in which they perform any work, so jury service of less than a full week cannot be deducted, although the employer may offset juror fees the employee receives. And federal government employees receive paid court leave. Our guide to exempt vs non-exempt employees explains the salary basis rule.
States That Require Jury Duty Pay
| State | What the employer must pay | Duration and coverage |
|---|---|---|
| Alabama | Usual compensation for full-time employees | For the period of service; employer may require juror fees to be remitted. Employees cannot be required to use leave |
| Colorado | Regular wages up to $50 a day | First three days of service, unless the employer's policy pays more |
| Connecticut | Regular wages for full-time employees | First five days; the state pays jurors from day six |
| District of Columbia | Regular wages for full-time employees, less juror fees | First five days |
| Illinois (from January 1, 2027) | Regular rate of pay | Employers with more than 25 employees; no stated day cap. Employee must give the summons within 10 days of issue |
| Louisiana | Full pay for regular employees | One day of service per jury summons |
| Massachusetts | Regular wages | First three days of trial juror service; the state pays from day four |
| Nebraska | Regular wages, less juror compensation | For the period of service |
| New York | The first $72 of daily wages may not be withheld | First three days, for employers with more than 10 employees (amount raised from $40 in June 2025) |
| Tennessee | Regular wages, less juror fees | For the period of service, subject to employer-size and service-length exclusions |
Some localities, such as Miami-Dade and Broward counties in Florida, have their own rules, and some states require that employees not be penalised by losing seniority, benefits or attendance credit. Laws change, and coverage details such as part-time eligibility and offsets vary, so check the current statute for each state where you have employees before finalising a policy.
The Illinois Change for 2027
Illinois House Bill 4844, signed on July 31, 2026 as Public Act 104-683, amends the Illinois Jury Act and the Jury Commission Act. From January 1, 2027, employers with more than 25 employees must pay employees their regular rate of pay for time spent on jury service. The law does not set a cap on days, does not define "regular rate" and does not say whether juror fees can be offset, so cautious employers will pay the employee's normal wages for every day of service and avoid deductions until guidance appears. Employees must give the employer a copy of the summons within 10 days of receiving it, employers must allow time off regardless of shift, and retaliation is prohibited.
Illinois employers with remote staff should note that the law does not say whether employees outside the state count toward the 25-employee threshold.
Notice, Proof and Scheduling
- Notice. Employees should give the employer the summons as soon as they receive it. Most state laws allow the employer to require reasonable notice; Illinois specifies 10 days.
- Proof of service. Employers can ask for the court's attendance record or juror certificate for pay and records purposes.
- Postponement. An employer can ask the court to defer an employee's service for a genuine business reason, but it cannot require the employee to avoid service.
- Shift workers. Jury service usually runs in daytime hours, but the protection covers the whole period of service, so do not require a night-shift employee to work the shift before or after a full court day. Illinois requires time off regardless of the employee's shift.
- Days released early. A policy can require employees to return to work when released early with a reasonable amount of the shift remaining, as long as the requirement is reasonable and consistent with state law.
- PTO. Some states, including Alabama, prohibit requiring employees to use vacation or sick leave for jury service. Elsewhere, letting employees choose to use PTO is fine; requiring it is risky.
Writing a Jury Duty Policy
- Leave. Employees summoned for jury service will receive time off for the period of service and will not be penalized for serving.
- Pay. The company pays regular wages for up to [10] working days of jury service per year, or more where state law requires. Exempt employees receive full salary for any week in which they work. Juror fees may be retained by the employee [or: will be offset against wages where permitted].
- Notice. Employees must provide a copy of the summons to their manager within [three] working days of receipt.
- Proof. Employees must provide the court's record of attendance for each day claimed.
- Early release. Employees released for the day with [four] or more hours of their scheduled shift remaining are expected to contact their manager about returning to work.
- Benefits. Benefits, seniority and attendance status continue during jury service.
- Non-retaliation. No employee will be disciplined, threatened or discharged for responding to a summons or serving on a jury.
Many employers choose to pay for jury service even where no law requires it, because the cost is small, it removes a hardship that leads employees to seek excusal, and it simplifies multi-state administration.
Recording Jury Duty Correctly
The most common way employers break jury service law is not refusing leave but counting it against the employee. An automated attendance system that logs a jury day as an unexcused absence, adds points under an attendance point system or triggers a no-call warning can turn routine administration into retaliation. Set up jury duty as its own protected leave code, exclude it from attendance scoring and discipline, and keep the summons and attendance record with the leave entry.
E-Monitor's attendance records carry an absence reason, including jury duty, so jury service, military leave and other protected absences are recorded and reported separately from unexcused absence. Our guide to FMLA leave and monitoring covers the same principle for medical leave.
Related reading: Bereavement Leave, FLSA Salary Threshold 2026, Use-It-or-Lose-It Vacation Policies.
Frequently Asked Questions
1. Do employers have to pay you for jury duty?
Not under federal law for private employers. Some states require it, including Alabama, Colorado, Connecticut, Louisiana, Massachusetts, Nebraska, New York, Tennessee and the District of Columbia, and Illinois from January 1, 2027 for employers with more than 25 employees.
2. Can my employer fire me for going to jury duty?
No. Federal law prohibits discharging, threatening or coercing a permanent employee because of federal jury service, and every state protects employees serving on state juries.
3. How much does jury duty pay?
Federal courts pay jurors $50 a day. State and county courts set their own fees, often between $5 and $50 a day, sometimes rising after several days of service.
4. Do exempt employees get paid for jury duty?
Yes, for any week in which they do any work. Under the FLSA salary basis rule, an employer cannot deduct for jury service of less than a full week, though it may offset juror fees the employee receives.
5. Can an employer make you use PTO for jury duty?
In some states, such as Alabama, no. Elsewhere it may be allowed, but requiring it can conflict with state protections. Letting employees choose to use PTO is the safer approach.
6. Does New York require employers to pay for jury duty?
Yes. Employers with more than 10 employees may not withhold the first $72 of daily wages for the first three days of jury service, a figure that rose from $40 in June 2025.
7. What is the new Illinois jury duty pay law?
From January 1, 2027, Illinois employers with more than 25 employees must pay employees their regular rate of pay for jury service, under Public Act 104-683. The law has no stated day limit.
8. Should jury duty count as an absence?
No. Jury service should be recorded as protected leave and excluded from attendance points, warnings and discipline, or the employer risks a retaliation claim.
Protected leave, recorded as protected leave. E-Monitor's attendance tracking records jury duty and other protected leave separately from unexcused absence, so automated attendance rules never count it against an employee. 7-day free trial, no credit card. Sign up →