Human Resource Blog

JSIA in Kansas

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What should we know about the JSIA in Kansas?

All employers in Kansas should know about the Jury Systems Improvement Act because this Act will affect all employers in the state of Kansas. When an employee has been summoned to serve on a jury, it is illegal for the employer to coerce or attempt to coerce the employee to avoid the jury duty.

Employees may only decline jury duty in the event that they have a non-employment related reason for doing so, such as a planned vacation or an illness. Thus, when an employee is called to serve on a jury, it is required that the employer allow the employee to serve on the jury. However, in the state of Kansas, employers are not obligated to pay the employee for the time that he or she needs to take off of work in order to serve on a jury. Many employers have a statement in the company policy about how many days an employee may miss for jury duty and still receive pay.

When an employee is called to serve, the employer may be fined if he or she coerces the employee to avoid the jury duty. The employer could be fined $1,000 per employee, per instance. Also, if the employer terminates an employee for taking time off of work to serve on a jury, the employer may be required to pay back wages, lost benefits, and more to the employee to cover the time off.

Employers are able to require that the employee provide proof of the jury service. If an employee says that he or she has been called to jury duty, the employer may request to see the summons. Also, the employee should be able to get a confirmation from the clerk of the courts on each day that the employee goes to court to serve.

The employee is required to return to work when he or she is not actively serving on a jury. For example, if the employee serves in the morning, then the employee should return to work in the afternoon. CB