Most employers believe an employee has a civic responsibility to serve when summoned to jury duty. This is not to say problems won’t arise when an employee in a critical position is absent for weeks at a time. Do employers typically pay employees during jury service? Is it legal not to pay?
The Survey Says
According to the 2014 AAIM Policies & Benefits Survey, 58% of the participating St. Louis-area employers provide employees with full pay during jury duty. However, payment of the difference between full pay and jury duty pay is typical among 35% of the employers, while only 7% provide no supplemental pay.
Because of the length of some trials, some employers place an upper limit on the number of paid weeks. Approximately 35% put a two-week cap on paid jury leave. The remaining 65% have no maximum time limit.
Issues to Consider
It should be noted that federal law and Missouri and Illinois laws prohibit firing an employee for fulfilling jury obligations. In other words, employers have to grant the time off.
However, there are no federal, Missouri or Illinois laws that require employers to pay nonexempt (hourly) employees while they are on jury duty. On the other hand, exempt (salaried) employees are covered by very specific rules under the Fair Labor Standards Act that employers need to heed.
Susan Martin (susan.martin@aaimea.org) is a research and solutions specialist for AAIM Employers’ Association, which helps Missouri and Illinois companies manage their people and processes.
Submitted 9 years 336 days ago