Most employers must pay you for jury duty, but the court does not

The court itself does not pay jurors in most U.S. jurisdictions. What you receive instead is a small per-diem amount — typically $15 to $50 per day, depending on your state and the length of service. The real income protection comes from your employer: federal law and most state laws require employers with 50 or more employees to pay your regular wages while you serve, at least for the first few days or weeks.

The distinction matters because it shapes what you actually take home. If you work for a large employer, you may receive your full paycheck plus the court's per-diem. If you're self-employed or work for a very small business, you receive only the court's modest daily amount, which rarely covers lost income. Some employers voluntarily pay beyond what the law requires, but they are not required to do so.

Key Takeaways

  • Courts pay jurors a per-diem amount ranging from $15 to $50 per day depending on your state and how long the trial lasts, but this is not your primary income source.
  • Federal employers and most private employers with 50 or more employees must pay your regular wages for jury duty, at least for the first three days under federal law.
  • Self-employed people and employees of businesses with fewer than 50 workers receive only the court's per-diem, which typically does not replace lost income.
  • Some states extend wage protection beyond three days, and some employers voluntarily pay more than the law requires, so your actual pay depends on both your state and your employer's policy.
  • You should inform your employer of your jury summons as soon as you receive it, because they need time to arrange coverage and may have their own procedures for documenting jury service.

What the court pays you directly

The per-diem amount varies significantly by state. Federal courts typically pay $50 per day for the first three days, then $100 per day after that. State courts range much lower: some pay as little as $15 per day, while others pay $25 to $50. A few states, including California and New York, pay nothing for the first few days and then increase the amount for longer trials.

You do not receive this payment when ready. Courts mail checks weeks or sometimes months after the trial ends. Some jurisdictions now offer direct deposit, but you will need to set that up through the court clerk's office before your service begins. The per-diem is meant to offset expenses like parking and meals, not to replace your income.

Federal employer requirements for jury pay

Federal law requires employers with 50 or more employees to pay your regular wages for the first three days of jury duty. After three days, the employer can stop paying you, though you continue to receive the court's per-diem. This protection applies to all employees, regardless of how long they have worked there or their job title.

The law does not require the employer to pay you for jury duty beyond three days, even if the trial lasts weeks. Some federal employees receive longer protection under their agency's own policies, but the baseline is three days. You should check your employee handbook or ask your HR department about your specific employer's policy, because many federal agencies and large private employers extend this protection voluntarily.

State laws that extend wage protection

Several states require employers to pay wages for longer than three days. California requires payment for up to 10 days per year. New York requires payment for the entire duration of the trial. Illinois, Massachusetts, and a handful of other states also extend protection beyond the federal minimum. The length of protection and the size threshold for employers vary by state.

If you live in a state with extended protection, your employer cannot reduce your pay or threaten your job for serving on a jury, even for a long trial. However, you need to know what your state actually requires. The best source is your state court's website or your state bar association, which publishes jury duty information for each jurisdiction. Your employer's HR department should also know the requirement, though you may need to ask directly.

What self-employed people and small business employees receive

If you own your own business or work for a company with fewer than 50 employees, you receive only the court's per-diem. You do not receive your regular income while serving, and the court's payment — typically $15 to $50 per day — does not replace what you would have earned. This is one of the largest financial burdens of jury duty for people in this situation.

Some self-employed people and small business owners request to be excused from jury duty based on financial hardship. Courts have discretion to excuse you if serving would cause genuine hardship, though the standard varies by judge and jurisdiction. If you receive a summons and serving would create real financial strain, you can explain this in writing when you respond to the summons, or request to speak with the judge about it.

How to report jury duty to your employer

You should tell your employer about your jury summons as soon as you receive it. Do not wait until the week before service begins. Your employer needs time to arrange coverage and may require you to submit a copy of the summons or a letter from the court confirming your service. Some employers have specific procedures for documenting jury duty for payroll purposes.

After the trial ends, the court will provide you with a certificate or letter stating the dates you served. Keep this document and give it to your employer's payroll or HR department so they can process your jury duty pay correctly. If your employer questions whether you were actually serving, this letter is your proof. Some courts include this information on the check stub when they mail your per-diem payment.

What happens if your employer retaliates

Federal law and most state laws prohibit employers from firing, demoting, or reducing your pay because you served on a jury. This protection applies even if the trial lasted weeks and disrupted your work. If your employer threatens your job or takes adverse action against you for jury service, that is illegal retaliation.

If retaliation occurs, you can file a complaint with your state's labor department or the U.S. Department of Labor, depending on whether you work for a private employer or a government agency. You can also consult an employment attorney about whether you have grounds for a lawsuit. Document everything: keep the summons, the court's service certificate, emails or messages from your employer, and notes about what happened and when.

Frequently Asked Questions

Do I have to give my employer the jury summons?

You should inform your employer, but you are not required to show them the summons itself. However, your employer will likely ask for proof of service so they can process your jury duty pay correctly. After the trial, the court provides a certificate or letter confirming the dates you served — that is what you give to payroll.

What if I'm on unpaid leave when I get summoned for jury duty?

The rules depend on your state and your employer's policy. If you are on unpaid leave, you are technically still an employee, so the wage protection may still explore — but this is a gray area. Contact your HR department and explain the situation. Some employers will pay you during jury duty even if you are on unpaid leave; others will not. Getting this in writing before you serve prevents disputes later.

Can I be paid by both my employer and the court?

Yes. Your employer pays your regular wages (if required by law or policy), and the court pays the per-diem separately. Both payments are yours. The per-diem is not meant to replace your employer's payment — it is a separate, modest amount to cover your expenses during service.

What if the trial lasts longer than my employer's required pay period?

Once your employer's obligation ends — typically after three days under federal law, or longer under state law — you receive only the court's per-diem for the remaining days. If the trial lasts weeks, you will experience a significant drop in income after the protected period ends. This is why some people request to be excused based on financial hardship.

Do I owe taxes on jury duty pay?

Yes. Both the court's per-diem and your employer's jury duty wages are taxable income. The court does not withhold taxes from the per-diem payment, so you may owe taxes when you file your return. If you served for a significant period, you may want to adjust your withholding or set aside money for taxes.