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JSIA South Dakota

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What is the JSIA and how does it apply to employers in South Dakota?

The Jury Systems Improvement Act is a federal Act that applies to all employers and employees in the state of South Dakota. Because the Act is federal, it applies to employees and employers in states across the country, not just in South Dakota.

When an employee has been called to serve on a jury, according to the Act, the employer cannot discriminate against the employee for reasons that are based on that jury duty service. The employer also cannot terminate the employee that serves on the jury.

In the event that the employee meets some requirements, the employee might be able to postpone jury duty service. However, the employer must not coerce or attempt to coerce the employee to postpone the jury duty service. For example, the employee may be able to postpone service if he or she has a planned vacation or an illness.

If the employer is found to be guilty of discriminating against an employee or terminating an employee for reasons that are based on the jury duty service, the employer could be forced to pay up to $1,000 per employee, per instance. Also, the employer may have to pay for lost wages and benefits to the employee that has been terminated.

Employers should continue to provide the employee with benefits during the jury duty period. For example, if the employer had provided the employee with health care, he or she should continue to do so during the jury duty period.

When the employee returns to work after completing the jury duty service, the employee should have the same job or an equivalent job, as well as the same salary and benefits as the employee had prior to taking the jury duty time off.

Employees should return to work when they are not actively serving on a jury. Also, the employee may be required to provide proof of the jury duty service, such as a copy of the original jury duty summons, or a letter of confirmation from the clerk of the courts for each day that the employee serves on a jury. CB