Payroll & Business Experts Blog

What's Your Jury Duty Policy?

Posted by PrimePay Business and Experts Blog

Nov 19, 2010 10:15:00 AM

jury duty leave policyAs a follow up to our blog article earlier this week… Jury Duty – To Pay or Not to Pay… we’ve gathered several sample jury duty leave policies for you.  Feel free to review these sample policies and customize them to suit the needs of your company.  One of the policies comes directly from our sample employee handbook, which blog subscribers can download for free.  The importance of having an employee handbook was discussed in a previous posting… Why an Employee Handbook is Critical For Your Business.

Questions to Consider When Creating Your Jury Duty Policy
If your company doesn’t have a jury duty leave policy, here are some things to consider before you create your policy…

  1. What proof, if any, will you require for jury duty leave – for instance, do you want to see a copy of their jury summons?
  2. Will jury duty leave be paid or unpaid?  Remember… paid leave may be a requirement for your state.
  3. If jury duty leave will be paid, will the money your employees receive from the courts be deducted from their pay?
  4. Is there a time limit on the number of days an employee can be on jury duty leave and be paid for it?
  5. Are any employees at your company ineligible for paid leave for jury duty service?

Sample Jury Duty Leave Policy – From Our Sample Employee Handbook

The Company encourages employees to fulfill their civic duties. To that end, employees will be allowed leave to serve on a jury, if summoned. We request that you bring in a copy of your summons notice as soon as you receive it, so that we may keep it on file. If you are called during a particularly busy period, we may ask you to request a postponement. The Company will provide additional documentation in this regard, if necessary, to obtain such postponement.

Jury duty can last from several days to several months or more. During this time you will be considered on a leave of absence and will be entitled to continue to participate in insurance and other benefits as if you were working. While serving on jury duty, you are expected to call in to your supervisor periodically to keep him or her apprised of your status.

The Company will compensate full-time employees for the difference between jury duty compensation and your current daily pay for the first five days you serve as a juror (or in accordance with applicable law, if different). If additional time is required, it will be granted, but without pay.

Advisory Note: Every state but Montana requires employers to allow employees to take jury duty leave without being terminated.  Some states require paid leave.  See your state’s jury duty leave law.

Download a Customizable Sample Employee Handbook Complete With This Jury Duty Policy

Other Samples of Jury Duty Policies
Here are two other samples of jury duty leave policies that we found free of charge on the internet in case you want to mix and match any of these to customize your own policy.

From HRhero.com – Sample Policy – Jury Duty Policy

Employees summoned to serve court-commanded jury duty will be granted leave to do so and will be paid the difference between any compensation they receive for jury duty and their full salary. Upon return to work, proof of time served and proof of jury duty compensation should be submitted to the employee's manager and to Payroll.

From Employment Law Information Network – Sample Jury Duty Policy

In the event you receive notice to report for jury duty, please notify your supervisor immediately so that arrangements can be made to have your duties covered until you return to work. If, however, this time is not convenient for the Company you may be provided with a letter to request that your jury duty be postponed.

While you serve as a juror, the Company will pay you the difference between your regular straight time earnings and your pay for up to 10 working days. The Company will pay your full regular straight time earnings and you will endorse over to the Company your jury pay check from the government. Time spent on jury duty will be counted as regular working time for all purposes except overtime. The employee must return to work for any reasonable time the court is closed during normal work hours.

No adverse employment action will be taken against employees or applicants due to their service as a juror in state or federal courts.

Topics: human resources, employee compliance

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