Jury Duty: Alabama

This Jury Duty policy applies to employees in Alabama under Ala. Code Section 12-16-8 and is designed to set clear expectations when an employee is summoned to serve, including notice to a supervisor, job-protected time away from work, and how pay works for exempt and non-exempt employees. It also helps your organization handle the practical details that come up most often, like whether employees have to use PTO, when they should return to work on partial service days, and how to keep scheduling fair while supporting employees in meeting their civic obligations.

The History Behind Jury Duty Policies in Alabama

Alabama employers started treating jury service as a workplace issue once state law made it risky to ignore. The modern expectation for a written approach comes from Court Appearances & Civic Duty rules and Alabama's jury duty protections in Ala. Code Section 12-16-8. That statute requires you to excuse employees for jury service and bars retaliation tied to serving or being summoned.

 

Section 12-16-8 also pushed employers to get specific about pay. The law requires pay for full-time employees for time spent on jury service (subject to the statutory limits and the ability to credit the employee's juror fee), which forced payroll and HR teams to decide how to handle partial days, scheduling changes, and documentation. Employers also had to square state jury duty pay rules with federal wage-and-hour basics, like how exempt employees are generally paid their salary when they perform any work in a workweek.

 

Over time, the compliance trend in Alabama moved towards consistent written rules, mostly because retaliation claims are ugly facts cases and managers tend to improvise under pressure. A simple policy became the cleanest way to show you excuse the time, you handle pay the way the law requires, and you set expectations for coming to work when court releases someone early. It is not glamorous, but it keeps a civic obligation from turning into a preventable employment dispute.

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

If you create and distribute a Jury Duty Policy for your Alabama-based employees, it is in an effort to comply with Alabama's Code of Alabama Section 12-16-8.

How to Write an Alabama-Specific Jury Duty Policy

  • Start with "why" and introduce the concept by encouraging employees in Alabama to complete jury service when summoned.
  • Explain the notice and documentation expectation for sharing the jury summons with your organization.
  • State that your organization will provide job-protected leave for the time an employee is required to serve.
  • Describe the pay approach during jury duty based on exempt versus non-exempt classification.
  • Clarify that employees are not required to use accrued leave banks to cover jury service.
  • Set the expectation that employees work any time they are not required to be in court, when it is reasonable to do so.

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. 

 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground (and it meets Alabama's requirements), you may not need a separate policy here. 

Other Considerations

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

Exceptions

None.

Model Policy Template for a Jury Duty Policy

Jury Duty

We encourage you to fulfill your civic responsibilities if you’re summoned for jury duty. When you receive a summons for jury duty, you must show the summons to your immediate {​{​manager​}​} on your next day of work. You'll be granted leave for the duration of the required jury duty.

If you’re classified as a non-exempt {​{​employee​}​}, you won’t be paid for jury duty unless you choose to use any accrued paid time off. Exempt {​{​employees​}​} are paid their regular salary as long as they work any portion of a workweek. If you’re exempt and miss an entire workweek, that week will be unpaid.

 

You will not be required to use annual, vacation, unpaid, or sick leave for your jury service.

 

Please note that you are expected to work on any day or portion of a day when you are not required to serve on jury duty, as long as it's reasonable based on travel time and scheduling.

Other Jurisdictions that may Necessitate a Jury Duty Policy

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Reminder

The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.