Do you get paid for jury duty? Rules for employees and employers

Do you get paid for jury duty? Yes, but usually not much, and not always by your employer. Every court pays jurors a daily fee. Whether your employer also keeps paying your wages depends on three things: your state, whether you are hourly or salaried, and your company’s jury duty leave policy. This guide covers both sides. Employees will find out what they are owed and how to tell a manager. Owners and managers will find the federal rules, the state laws that require jury duty pay, a sample policy and a short checklist. The rules below are current as of November 4, 2026.

Does federal law require jury duty pay?

No. The U.S. Department of Labor says the Fair Labor Standards Act (FLSA) does not require payment for time not worked, including jury duty. Paying for it is a matter of agreement between the employer and the employee or their union. The DOL adds that while federal law does not require it, some state laws do.

For hourly, non-exempt employees, that means a missed shift is unpaid unless state law or company policy says otherwise. Time spent at the courthouse is not hours worked, so it does not count toward the 40 hours that trigger overtime. If your employer pays you for the day anyway, that pay is a benefit, much like the paid days covered in our guide to paid time off.

Two federal rules still matter for every employer:

• Salaried exempt employees have salary-basis protections, covered in the next section.
• Job protection. The Jury System Improvements Act of 1978, codified at 28 U.S.C. 1875, bars employers from firing, threatening, intimidating or coercing a permanent employee because of federal jury service.

Jury duty pay for salaried exempt employees

Exempt employees are paid a salary, not by the hour, and federal rules limit when that salary can be reduced. Under the DOL’s regulation at 29 CFR 541.602(b)(3), an employer cannot make deductions from an exempt employee’s pay for absences caused by jury duty, attendance as a witness or temporary military leave. What the employer can do is offset any jury fees, witness fees or military pay the employee received for a particular week against the salary due for that same week, without losing the exemption.

In practice:

• Partial week. If a salaried manager works three days and spends two days on a jury, the employer must pay the full weekly salary, minus any jury fees received that week if the policy says so.
• Full week with no work. The salary rule only applies to workweeks in which the employee performs some work. If the employee spends an entire workweek in court and does no work at all, federal law does not require salary for that week.
• Docking by the day is risky. Taking a day’s pay for a jury day in a week the employee worked can put the exemption at risk and create overtime liability.

An illustrative example: an exempt kitchen manager earns $1,200 a week. She works Monday through Wednesday and serves on a jury Thursday and Friday, and the court pays her $100 in juror fees for those two days (an illustrative amount). The employer must pay $1,200, or $1,100 if its policy offsets jury fees. It cannot pay $720 for three days of work. Our exempt vs non-exempt guide covers the salary threshold, duties tests and every other allowed deduction.

States that require employers to pay for jury duty

Most states do not make private employers pay wages during jury service. The ones below do, at least for a few days or for certain employers. Each row is based on the state statute or the state court or agency named in the notes that follow. Rules for state and local government employees are often different and are not covered here.

Alabama. Under Alabama Code section 12-16-8, as summarized by the U.S. District Court for the Southern District of Alabama, a full-time employee excused for jury duty is entitled to their usual compensation, and the employee cannot be required to use annual, vacation, unpaid or sick leave for the time. Section 12-16-8.1 bars firing or other adverse action for jury service.

Colorado. The Colorado Judicial Branch says employers must pay employed jurors their regular wages for the first three days of service, but not more than $50 a day unless the employer and employee agree to more (C.R.S. 13-71-126). After the third day, the state pays jurors $50 a day. An employer facing extreme financial hardship can ask the court for a hearing in writing within five days of receiving the juror’s certificate.

Connecticut. The Connecticut Judicial Branch says full-time employed jurors, those normally required to work at least 30 hours a week, are paid regular wages by their employers for the first five days. Starting on the sixth day, the state pays every juror $50 a day. Part-time and unemployed jurors can claim out-of-pocket expenses from the state for the first five days.

District of Columbia. D.C. Code section 15-718(c) says that for jury service of five days or less, full-time employees in DC are entitled to their usual compensation less the jury fee. Employers with 10 or fewer employees are not required to pay.

Massachusetts. Under Massachusetts General Laws chapter 234A, section 48, the employer pays regular wages for the first three days of service, and the state pays $50 a day from the fourth day. The Massachusetts Office of Jury Commissioner says this covers full-time, part-time, temporary and casual employees, with possible exceptions for unpredictable schedules and out-of-state work.

Nebraska. Nebraska Revised Statutes section 25-1674 says a person summoned for jury duty cannot be subjected to discharge, loss of pay, loss of sick leave or vacation time because of the absence, provided they give reasonable notice. The employer may reduce pay by the amount the court paid for jury duty, not counting expenses.

New York. New York Judiciary Law section 519 says an employer with more than ten employees may not withhold the first $72 of a juror’s daily wages during the first three days of service. That figure was $40 until 2025. If an employee’s daily wage is less than $72, the employer pays the wage. After three days, the employer may stop paying.

Tennessee. Under Tennessee Code section 22-4-106, as published by Knox County, an excused employee is entitled to usual compensation for jury service on any day it exceeds three hours, for time spent serving and traveling. The employer may deduct the juror fee. Employers with fewer than five regular employees, and temporary employees with less than six months on the job, are exempt.

Coming in 2027: Illinois. Law firm alerts report that Illinois Public Act 104-0683 (HB 4844), signed in July 2026, requires employers with 26 or more employees to pay employees their regular rate for time on jury duty starting January 1, 2027. We could not open the official text, so check the Illinois General Assembly site before you update payroll.

So in most states, do you get paid for jury duty by your employer? Only if company policy says so. If your state is not listed, the employer usually does not have to pay, but check your state court’s juror page and labor department. Texas, where our example coffee shop operates, does not require private employers to pay, though Texas law protects permanent employees from being fired for jury service.

How much does the court pay jurors?

When most people ask “do you get paid for jury duty,” the first answer is the court’s check. Jury duty pay from the court is a fee, not a wage, and it is modest. The U.S. Courts website says federal jurors receive $50 a day. Trial jurors may get up to $60 a day after serving 10 days if the presiding judge orders it, and grand jurors may get up to $60 a day after 45 days. Federal jurors are also reimbursed for reasonable transportation expenses and, in some courts, parking.

State courts set their own fees, often lower on the first day and higher for longer trials, and some counties add their own amounts. Your summons or the court’s jury website will list the current rate. A few useful points:

• Juror fees are taxable income. IRS Publication 525 says jury duty pay goes on Schedule 1 of Form 1040. If your employer kept paying your salary and you turned your juror fees over to them, you can deduct that amount as an adjustment to income.
• Checks can be slow. Some courts mail juror payments weeks after service ends.
• Employer pay and juror fees can stack. Unless your state or company policy calls for an offset, you may keep both.

Here is an illustrative example. Jordan Lee, a barista at Northfield Coffee in Austin, earns $18.25 an hour and is summoned to serve three days in a week when he was scheduled for three 8-hour shifts. Texas does not require Northfield to pay him. If Northfield’s policy pays scheduled hours for up to five jury days, he receives 24 × $18.25 = $438.00 in jury duty pay from the company, plus whatever the county pays him. Without a policy, he receives only the county’s fee. Either way, the time shows up on his pay stub as leave, not hours worked.

Compare a Colorado employee earning $22.00 an hour for an 8-hour shift. The law requires regular wages up to $50 a day for the first three days, so the minimum the employer owes is $50 × 3 = $150.00, not $176.00 × 3 = $528.00, unless it agrees to pay more.

Can you be fired for jury duty?

For federal jury service, no. Under 28 U.S.C. 1875, an employer that fires, threatens, intimidates or coerces a permanent employee over federal jury service is liable for lost wages and benefits, can be ordered to reinstate the employee, faces a civil penalty of up to $5,000 for each violation as to each employee, and may be ordered to perform community service. A reinstated employee is treated as having been on leave, with seniority and benefits intact.

Nearly every state has a similar rule for state court service, and many add notice requirements. New York, for example, protects employees who notify the employer before their jury term begins. Nebraska protects employees who give reasonable notice. Alabama lets a fired employee sue for actual and punitive damages. Employers also should not force an employee to use vacation for jury duty where state law forbids it, as Alabama does.

Jury duty leave is separate from other protected leave. It is not FMLA leave, which we cover in our FMLA leave guide, and it should not be counted against an attendance policy.

How to tell your employer about jury duty

Tell your manager as soon as the summons arrives, and give them a copy. Many states tie job protection to notice, and early warning helps your manager cover your shifts. Include the dates, the court, and the fact that you may be released early or kept longer. When you are done, bring proof of attendance; most courts give jurors a certificate or attendance form.

If you are an hourly shift worker, ask whether released-early time means you should come in for the rest of your shift. Some policies require it; others do not. A shared shift schedule makes it easier for your manager to post your shifts as open and let coworkers pick them up.

Sample employer jury duty policy

A written employer jury duty policy answers the questions employees will ask before they ask them: Am I paid? For how long? Do I keep the juror fee? Adapt this sample to your state. If you operate in Alabama, Colorado, Connecticut, DC, Massachusetts, Nebraska, New York, Tennessee, or Illinois from 2027, make sure the pay terms meet the state minimum.

Put the final version in your employee handbook next to your other leave policies, such as bereavement leave.

What employers should do

1. Check each location’s state law. Use the table above as a starting point and confirm with the state court or labor department where each employee works.
2. Decide your pay rule and write it down. Choose how many days you pay, whether you pay hourly employees for scheduled hours, and whether you offset juror fees where the law allows it.
3. Protect exempt salaries. Pay full salary in any week an exempt employee works, and only offset jury fees for that week.
4. Never discourage service. Do not suggest an employee skip a summons or ask to be excused. If the timing is truly hard for the business, the employee can ask the court for a postponement; the decision belongs to the court.
5. Cover the shifts early. Post the missed shifts as soon as the summons comes in so the employee is not stuck finding cover.
6. Pay it correctly. Record jury days under a separate leave code in payroll so they appear clearly on the pay stub and do not count toward overtime.
7. Keep the records. File the summons and attendance certificate with the leave record. If a question comes up later, you can show what was requested, approved and paid.

Frequently asked questions