JSIA in Indiana
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Are we covered by the JSIA in Indiana?
Employers across the country should be aware of the Jury Systems Improvement Act, including employers in the state of Indiana. The JSIA is a federal Act that applies to companies when an employee has been called to serve on a jury. According to the Act, employers are prohibited from discriminating against employees that have been called to serve on a jury.
When an employee receives a summons for jury, the employee should notify the employer of the upcoming jury service immediately. If the employee has a planned vacation or if the employee has an illness or any other covered reason for not serving on a jury, then the employee may not have to report for jury duty. However, the employer may not coerce of influence the employee to forgo the jury duty service in order to report to work.
In an employer terminates an employee for serving on a jury or if an employee discriminates against an employee for serving on a jury, the employer may be fined up to $1,000 per employee, per instance. The employer may also have to pay back wages and benefits if the employee has been terminated.
While the employee serves on the jury, the employer should continue to provide benefits to the employee. The employer should also ensure that the employee has the same job and benefits after the period of service is over. However, in the state of Indiana, the employer does not necessarily have to pay for the jury duty time off. Each company may create its own policy that determines how many, if any, days are covered for jury duty time off.
Employees may also be required to prove the jury duty service. The employee can prove this service by showing the employer the jury duty summons or by obtaining a notification from the clerk of the court on the day of jury duty. CB
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