Jury Duty: US

This Jury Duty policy explains how your organization will handle time away from work when an employee is summoned to serve, including notice expectations, pay treatment for exempt and non-exempt employees, and anti-retaliation protections. It ties into federal wage and hour rules on salary basis pay for exempt employees under the Fair Labor Standards Act regulations and reflects the broader legal reality that many states prohibit employers from disciplining employees for jury service and may set additional requirements around leave and pay.

The History Behind Jury Duty Policies in the US

Jury Duty policies follow the precedent that jury service as a Court Appearance or Civic Duty is a public obligation, not a workplace favor. Congress' Jury System Improvements Act of 1978 bars employers from firing, threatening, intimidating, or coercing employees because of federal jury service.

States followed with their own versions and the details began to sprawl. Many states added anti-retaliation rules, some added scheduling protections, and a smaller group required some form of pay continuation or banned forcing employees to use accrued leave. This is why jury duty policies became a baseline HR practice, even for organizations that rarely see a summons, because you need one playbook that can flex by location.

Pay rules also pushed employers to get more precise. The Fair Labor Standards Act salary basis rules (29 C.F.R. 541.602) let you dock exempt employees for a full-week absence, but not for partial-week jury duty absences, which is a trap if payroll treats everyone the same. Employers started writing jury duty policies that separate exempt and non-exempt treatment, set expectations for reporting time when court is not in session, and require proof of service, mostly because payroll mistakes and manager freelancing are expensive in ways that feel avoidable.

Which Law is the Jury Duty Policy Meant to Comply With?

If you create and distribute a Jury Duty Policy for your US-based employees, it should comply with the Fair Labor Standards Act (FLSA) salary basis rules for exempt employees under 29 CFR 541.602, federal jury service protections under 28 U.S.C. Chapter 121 (Jury System Improvements), and applicable state law.

How to Write a US-Specific Jury Duty Policy

• Start with "why" and introduce the concept, encouraging employees to serve on juries as part of civic responsibility.
• Explain the expectation to notify leadership about a jury summons and to share updates during service.
• Define how pay works during jury duty for non-exempt employees, including the option to use accrued paid time off.
• Define how pay works during jury duty for exempt employees, including when salary continues and when a full week may be unpaid.
• State that employees must provide documentation of jury service after returning to work so pay can be handled correctly.
• Clarify that employees are not required to use leave banks for jury service.
• Set expectations for working on days, or parts of days, when the employee is not required to be in court.
• Include a non-retaliation commitment for requesting or taking leave under the policy.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer.

Even when notice is not required, this is still the kind of policy most employers should put in their handbook or otherwise publish to employees. It answers a question employees will ask, sets expectations, and gives managers a consistent script. If you don't include it, you'll end up explaining it ad hoc, and that's when inconsistency, resentment, and accidental noncompliance shows up.

Other Considerations

The law applies to US employers who have at least 1 employee in the US.

Exceptions

None.