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Do I Have to Pay an Employee While Serving on Jury Duty?

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In the absence of a policy, non-exempt employees may take jury leave without pay. Exempt employees cannot be subject to a salary deduction for weeks that include jury duty absences, but full-week absences for jury duty could be unpaid if the employee did not otherwise work that week. Note: Be sure to check with the state law in which you do business.

Companies often limit the time they will pay an employee while on duty jury (for example, a one week maximum). Employers also may have the right to ask that workers be excused from jury duty obligations if that employee’s absence would substantially interfere with the efficient operation of the company. The likely response varies with the jurisdiction.