Human Resource Blog

Employer Rights and Jury Duty

	Attendance Management
Vacation Request / Response Form Weekly Time Sheets Attendance Calendar for 2008, 2009, or 2010 Annual Attendance Tracker Vacation Request Form for 2008, 2009, 2010 (Calendar) Detailed Absence Report

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	Compensation
Employee Payroll Action Form W-4 Employee Withholding Allowance Cert. Employee Payroll Status/Change Form Direct Deposit Form Total Compensation Summary

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

	Labor Laws
Complete State & Federal Labor Law Posters 1 Year Compliance Protection Plan State ONLY Labor Law Posters Federal Labor Law Posters

Last month, we had three people from our mid-sized Idaho company have to serve jury duty, which has never happened to us before (usually only one employee is called away at any given time.) It was challenging for our employees to handle the absences, but we also understand that there are laws that state we cannot terminate those employees that have left to serve on jury duty. So, as an employer, what rights to we have when it comes to our employees being called away for jury duty?

Being an employer certainly comes with its challenges and not-so-fun laws that you need to comply with. However, you are right in understanding that you may not discipline employees that are called away for jury duty. Your employees are protected by a federal Act known as the Jury Systems Improvement Act (JSIA). This is a federal Act, which means that it applies to businesses in all states, including Idaho, but not limited to Idaho. There are also federal and state laws that support this Act.

According to JSIA, the rights that your company has when it comes to your employees that are called away to serve on jury duty include the following:

Your employees must give you notice when they are called for jury duty. Generally, your employees will know up to six weeks in advance if they are called. This notice can help you look for temporary replacements for your employees that are called away or, if you are not going to hire replacements, this notice can help you organize and notify teammates about the absence.

Your employees should come to work when they can even during the time that they are serving. Your employees may not serve jury duty every day of the week, so they should be required to come into work on the days that they are not in court. Also, if the court is only holding a morning session, then you can require that your employees come to work in the afternoon so that they at least work half days during the trial.

You may limit the number of paid jury duty leave days that your employees are allowed to take each year. However, keep in mind that the jury duty leave days are beyond the control of your employees; they are not personal days or sick days. Therefore, be aware of what could happen to the morale of your teammates if you limit the jury duty leave days and dock their pay.

Your employees should be able to prove that they served on a jury if you request that confirmation. The clerk of the court can provide your employees with a letter to document their time in court.