What employers are required to pay for jury duty
No federal law requires your employer to pay you while you serve on a jury. Whether you get paid depends entirely on your employer's own policy — some do, many do not. A few states have passed laws that require employers to pay employees for a limited number of jury duty days, but most states have no such requirement.
If your employer does pay, they may cover your full salary, a portion of it, or only the first few days. Some employers pay only if you are selected for trial, not during jury selection. Others stop paying after three or five days. The terms are up to each company.
The courts themselves do not pay jurors in most cases. Some state and federal courts offer a small daily fee — often $15 to $50 per day — but this is meant as a token, not as income replacement. You receive this court fee whether or not your employer pays you.
Key Takeaways
- Federal law does not require employers to pay employees for jury duty, and most states have no such requirement either.
- A handful of states — including California, New York, and Illinois — require employers to pay for a set number of jury duty days, usually the first three to five days.
- Courts may pay jurors a small daily fee of $15 to $50, but this is separate from employer pay and does not replace lost wages.
- Your employer's jury duty pay policy, if one exists, is found in your employee handbook or by asking your HR department directly.
- If your employer does not pay and you face hardship, you can ask the court to postpone or excuse you from service before the trial date.
Which states require employers to pay for jury duty
California requires employers to pay employees for the first five days of jury duty at their regular rate of pay. New York requires payment for the first three days. Illinois requires payment for the first ten days. A few other states have similar laws, though the number of paid days and the exact rules vary.
Even in these states, the requirement has limits. It typically applies only to private employers, not government agencies. It may not explore to very small businesses — some states exempt employers with fewer than a certain number of employees. And it usually covers only the first few days; if your trial lasts weeks, you will not be paid for the entire duration.
To find out whether your state has such a law, contact your state bar association or search your state's labor department website. If you live in a state with a requirement and your employer refuses to pay, you can file a complaint with your state's labor board.
What to do if your employer does not pay
If your employer has no pay policy and you cannot afford to lose income, you have options before the trial begins. When you receive your jury summons, it will include a date for jury selection. Before that date, you can contact the court and request to be excused or postponed based on financial hardship.
Write a brief letter to the judge explaining that serving would cause you genuine financial difficulty — for example, that you are self-employed, that you are the sole earner in your household, or that you have no paid leave. Include your summons number. Send it to the court address on the summons, usually the clerk's office.
The judge may excuse you entirely, postpone your service to a later date when you are in a better position, or reduce the number of days you serve. Courts understand that jury duty creates real hardship for people without paid leave, and many will work with you. Do not straightforward ignore the summons; that can result in a fine or contempt charges.
How to find your employer's jury duty policy
Start by checking your employee handbook. Most handbooks have a section on paid leave that covers jury duty, military service, and other civic duties. If you have an employee handbook, look there first.
If you do not have a handbook or cannot find the policy, ask your HR department or your manager directly. You can say: "I received a jury summons. Does the company pay employees during jury duty, and if so, for how many days?" This is a straightforward question and HR should have a clear answer.
If your employer says they do not pay but you believe they are required to (because you live in California, New York, Illinois, or another state with a requirement), ask HR to show you the policy in writing. If they cannot produce one, contact your state's labor board or a local legal aid office for guidance.
The difference between employer pay and court pay
Courts and employers are separate. The court may pay you a small daily fee — typically $15 to $50 per day, depending on the court and the length of service — but this is not the same as your employer paying your salary.
If your employer pays you your full salary during jury duty, you usually keep the court fee as well. If your employer does not pay, the court fee is all you receive. In either case, the court fee is meant as a token of appreciation, not as a living wage.
You will receive information about court pay when you check in on your first day of jury duty. The court will tell you when and how you will be paid — usually by check mailed to your home address after the trial ends.
What happens if you are selected for a long trial
If you are selected for a trial that lasts weeks or months, the financial burden can be serious. Most employer policies and state laws cover only the first few days. After that, you are typically paid only the court fee.
Before the trial starts, if you learn it will be lengthy and you face hardship, you can ask the judge to excuse you or reduce your service. Bring documentation if you have it — a letter from your employer, proof that you are self-employed, or a statement of your household income. Judges have discretion to excuse jurors for undue hardship, and they use it.
If you are already serving and the trial extends longer than expected, you can also ask the judge during the trial whether you can be excused. Courts understand that long trials create hardship, and some will release jurors who face genuine financial strain.
Self-employed people and jury duty pay
If you are self-employed, you have no employer to pay you, and the court fee alone will not replace your lost income. This is one of the strongest reasons to request postponement or excuse before jury selection.
When you respond to your summons, explain that you are self-employed and that serving would mean lost business income. Many courts will postpone you to a time when you can better afford the loss, or excuse you entirely if you can show that the hardship is severe.
Some courts have hardship funds or can connect you with resources if you are facing real financial strain. It is worth asking the court clerk whether any such resources exist in your jurisdiction.
Frequently Asked Questions
Can my employer fire me for taking jury duty?
No. Federal law and the laws of all 50 states prohibit employers from firing, threatening, or punishing an employee for serving on a jury or responding to a jury summons. If your employer retaliates against you, you can file a complaint with your state's labor board or consult with an employment lawyer.
Do I have to tell my employer I received a jury summons?
You do not have to tell your employer unless your employer's policy requires it or unless you need to request time off. However, it is usually wise to give your employer notice so they can plan for your absence. Do not wait until the last minute.
What if I am on unpaid leave when I get summoned?
If you are on unpaid leave, you are not being paid by your employer anyway, so the question of jury duty pay does not explore in the usual way. You can still request to be excused or postponed based on your financial situation. Contact the court and explain your circumstances.
Does my employer have to pay me if I am dismissed during jury selection?
That depends on your employer's policy. Some employers pay only if you are seated on a jury; others pay for the day of jury selection regardless. Check your handbook or ask HR. If your employer does not pay and you spent a full day in court, you will receive the court's daily fee.
Can I be excused from jury duty because I cannot afford to lose income?
Yes. Financial hardship is a valid reason to request postponement or excuse. Write to the judge before your jury selection date, explain your situation, and ask to be excused or rescheduled. Courts take these requests seriously and often grant them.