Jury Duty: New Jersey

This Jury Duty policy applies to employees in New Jersey and is designed to support jury service while meeting your organization's obligations under New Jersey's jury duty employment protections, including the prohibition on penalizing or coercing employees who are summoned and serve. It sets clear expectations for notice, scheduling, and return-to-work documentation, and it also explains how pay works for exempt and non-exempt employees so managers and employees can plan coverage without confusion.

The History Behind Jury Duty Policies in New Jersey

This Jury Duty policy sits under Court Appearances & Civic Duty, and New Jersey has been unusually direct about what employers can and can't do when an employee gets a summons. The core idea is old-school: jury service only works if regular people can show up without fearing they'll lose their job.

What changed over time wasn't the basic expectation that employees should report for jury duty, it was the recognition that "soft" pressure can be just as effective as a pink slip. The New Jersey law (N.J.S.A. 2B:20-17) goes after that pressure by banning coercion and retaliation tied to jury service. That's why well-written policies don't just say "tell your supervisor," they also say, plainly, that your organization won't penalize anyone for taking this leave.

As far as pay goes, New Jersey doesn't generally require employers to pay employees for time spent on jury duty, so many employers treat it as unpaid time unless an employee uses accrued PTO. At the same time, federal wage and hour rules still shape the experience for exempt employees, which is why policies usually promise salary continuation for exempt employees who work any part of the week, but allow an unpaid week if they miss the entire workweek. The "come to work when you're not needed at court" line grew out of the same balancing act: respect the summons, but don't treat jury duty like an automatic full-day pass when the court lets someone go early.

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

If you create and distribute a Jury Duty Policy for your New Jersey-based employees, it is in an effort to comply with New Jersey's N.J. Stat. Ann. § 2B:20-17 (Protection of employees serving on juries).

How to Write a New Jersey-Specific Jury Duty Policy

• Start with "why" and introduce the concept, encourage employees to fulfill jury service and explain that your organization supports time away from work for jury duty.
• Explain the notice and communication expectations for jury duty absences.
• Define pay treatment during jury duty based on exempt versus non-exempt status, including the option to use accrued paid time off.
• Require employees to provide documentation of jury service for payroll purposes.
• State the expectation to work when not actively required to serve, when it's reasonable.
• Include a non-retaliation commitment for requesting or taking jury duty leave.

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 New Jersey employers who have at least 1 employee in the US.

Exceptions

None.