Jury Duty: Arizona

This Arizona Jury Duty policy explains how your organization will handle time away from work when an employee is summoned for jury service, including notice expectations, pay treatment for exempt and non-exempt employees, and protections against retaliation. In Arizona, employers should also account for the jury service protections in A.R.S. 21-236, which generally prohibits terminating or penalizing employees because they serve on a jury or respond to a summons. A clear, Arizona-specific policy helps employees do the right thing civically while giving HR and managers a consistent, compliant way to plan coverage, handle pay and time off questions, and avoid actions that could be viewed as interference or retaliation.

The History Behind Jury Duty Policies in Arizona

This Jury Duty policy follows the precedent that jury service as a Court Appearance or Civic Duty is a public obligation, not a workplace favor. Arizona has long relied on summons enforcement to keep juries staffed, and that pressure eventually landed on employers when employees started getting punished at work for showing up to court. Once jury service became a routine part of working life, HR teams started writing clear rules for notice, scheduling.

Arizona's core guardrail is A.R.S. § 21-236, which makes it unlawful to discharge, threaten, coerce, or penalize an employee because they serve on a jury or respond to a summons. The statute gives employees a way to enforce the right, including potential damages and attorney's fees.

Federal wage and hour rules then shaped the pay side of these policies. The Fair Labor Standards Act does not require jury duty pay, so many Arizona employers chose unpaid leave for non-exempt employees unless they use accrued PTO. Salary basis rules require a different approach for exempt employees, since they generally must receive their full salary for any week in which they perform work, with limited exceptions.

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

If you create and distribute a Jury Duty Policy for your Arizona-based employees, it is in an effort to comply with Arizona's A.R.S. 21-236.

How to Write an Arizona-Specific Jury Duty Policy

• Start with "why" and introduce the concept, encourage employees to serve when summoned and explain the policy supports civic duty.
• Require employees to notify your organization when they receive a jury duty summons and to provide updates during service.
• Explain pay treatment during jury duty based on exempt versus non-exempt classification, including the option to use accrued paid time off for unpaid time.
• State that employees are not required to use annual, vacation, or sick leave for jury service.
• Clarify that employees are expected to work when they are not required to be in jury service, when it is reasonable to do so.
• Prohibit retaliation for requesting or taking jury duty leave, including termination, threats, or loss of seniority.

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. 

Most employers can skip a policy on this and be fine, as long as they comply behind the scenes when it applies. Consider adding it only if you have employees who are likely to run into this situation, your industry makes it more relevant, or your existing policies leave a gap. Otherwise, this is better handled as a targeted procedure or an one-off communication when the scenario actually comes up. 

Other Considerations

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

Exceptions

None