Federal law does not require employers to pay you during jury duty, but many do anyway
The federal government does not mandate that your employer continue your regular paycheck while you serve on a jury. That decision belongs entirely to your employer. Some companies pay employees for all jury days, some pay for a limited number of days, some pay nothing, and some deduct jury duty pay from your vacation or sick leave balance. What you receive depends on your employer's policy, your state's law, and sometimes your employment contract.
The only money that comes from the court is a small daily fee — typically $15 to $50 per day depending on your state and the court — which the court pays directly to you, not your employer. This court fee is separate from any wages your employer chooses to pay. You keep both if your employer pays you during jury duty.
Key Takeaways
- Federal law does not require employers to pay employees during jury duty, though many employers do so voluntarily.
- The court pays you a small daily fee ($15 to $50 depending on your state), but this is not employer compensation.
- Some states have laws that require employers to pay for at least the first few days of jury service, while other states have no payment requirement at all.
- Your employee handbook or contract may specify your employer's jury duty pay policy, so check that document first.
- If your employer does not pay and you cannot afford to lose the income, you can request a postponement or exemption from the court before your service date.
What the federal law actually says about employer payment
The federal statute that governs jury duty — 28 U.S.C. § 1875 — prohibits employers from firing or threatening an employee for serving on a jury in federal court. It does not say anything about payment. This protection means your employer cannot retaliate against you for missing work to serve, but it does not require them to pay you while you are gone.
State laws vary significantly. Some states, including California, Illinois, and New York, require employers to pay employees for at least the first few days of jury service. Other states have no payment requirement at all. A few states require payment only for certain types of employees or only for trials lasting longer than a set number of days. You can find your state's rule by searching "[your state] jury duty pay requirement" or by calling your state court's jury office.
How employer policies typically work
Large employers often have written jury duty policies in their employee handbook. These policies might say the company pays full salary for up to 10 days per year, or that employees are paid for the first three days only, or that jury duty pay comes out of your paid time off balance. Some employers pay only if the trial lasts more than a week. Read your handbook or ask your human resources department for the exact policy before your service date.
Small employers and family businesses often have no formal policy. In that case, the decision is made on a case-by-case basis, sometimes depending on how busy the business is or how long your absence will last. If you work for a small employer and are unsure, ask your manager or owner directly when you receive your summons. A few employers treat jury duty the same way they treat other unpaid leave — you keep your job but receive no pay. This is legal under federal law in most states, though it may violate state law in your particular state.
The court fee you receive is separate from employer pay
When you report for jury duty, the court will pay you a daily fee for your service. This fee is not a wage — it is compensation from the court for your time. The amount varies by state and by court. Federal courts typically pay $50 per day. State courts range from $15 to $50 per day, with some paying nothing for the first day or two. A few states pay more for longer trials.
This court fee goes to you, not to your employer. Your employer cannot claim it or require you to hand it over. If your employer pays you your regular wage during jury duty, you keep both the wage and the court fee — they do not offset each other. The court will issue you a check or direct deposit for the fee after your service ends.
What to do if your employer does not pay and you need the income
If your employer does not pay for jury duty and you cannot afford to lose the income, you have options before your service date arrives. When you receive your jury summons, it will include instructions for requesting a postponement or exemption. You can request to serve at a different time when your financial situation is better, or you can explain your hardship to the judge and ask to be excused.
Courts understand that jury duty creates financial hardship for many people, especially those who work hourly jobs or are self-employed. Judges regularly grant postponements to people who ask. You will not be punished for requesting one. If you are called to appear in person and explain your situation, be honest about your circumstances — the court has heard these situations before. Do not straightforward ignore your summons or fail to appear, as that can result in a fine or contempt of court charges.
Protection from retaliation is not the same as paid leave
Federal law and most state laws protect you from being fired, demoted, or punished because you served on a jury. This protection is real and important. However, protection from retaliation does not mean your employer must pay you. An employer can legally tell you, "We will not fire you for jury duty, but we also will not pay you while you are gone."
If your employer fires you, cuts your hours, or reduces your pay specifically because you served on a jury, that is illegal retaliation. You can report it to your state labor department or file a lawsuit. But if your employer straightforward does not pay you — and your state has no payment requirement — that is not retaliation. It is an unpaid absence, and your employer's choice not to pay does not violate the law in most states.
Self-employed people and jury duty pay
If you are self-employed or own a business, the court will still pay you the daily fee, but you will lose income from the days you do not work. There is no employer to pay you because you are the employer. Some self-employed people request a postponement until a slower season, or they ask the court to excuse them based on financial hardship. Others serve and absorb the lost income as a cost of civic duty.
The choice is yours, and the court will consider your request if you explain your situation. When you respond to your summons, you can describe your business and the financial impact of closing it for jury service. Courts have procedures for postponing self-employed people to times that work better for their schedules, or for excusing them entirely if the hardship is severe.
Frequently Asked Questions
Can my employer make me use vacation days for jury duty?
That depends on your state law and your employment contract. Some states prohibit this practice. Others allow it. Check your employee handbook or ask your HR department. If your state prohibits it and your employer requires it anyway, you can report the violation to your state labor department.
What if I am on disability or workers' compensation when I am called for jury duty?
You should notify the court and your employer. The court may excuse you if you are unable to sit for long periods. If you are receiving workers' compensation, serving on a jury does not automatically end your benefits, but the court and your employer should know about your situation before your service date.
Do I have to tell my employer I was called for jury duty?
Yes. You must inform your employer of your jury summons and your service dates. Your employer cannot retaliate against you for doing so. Hiding your jury duty from your employer and then missing work without explanation could be grounds for discipline unrelated to jury service.
If my employer pays me during jury duty, do I have to give them the court fee?
No. The court fee belongs to you. Your employer cannot require you to hand it over or deduct it from your paycheck. If your employer attempts this, it may violate wage laws in your state.
What happens if I am self-employed and cannot afford to close my business for jury duty?
Contact the court before your service date and request a postponement or exemption based on financial hardship. Explain that closing your business would cause you significant loss. Many courts will work with you to find a time that is less disruptive, or they may excuse you entirely.