Human Resource Blog

Colorado Jury Duty

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Can an employer in Colorado make an employee report to work after jury duty? Do they have to pay them for the time they spent in the jury selection process, even though they weren’t picked?

Yes, a Colorado employer can require a worker to report to work after jury duty, if the jury duty doesn’t last throughout the employee’s entire shift. This is true in virtually every state.

Colorado is one of the few states that require employers to pay workers for jury service. Under C.R.S. 13-71-126, an employer must pay the worker their usually wages, up to $50 per day, for the first three days of jury duty. (An employer may pay the worker more, by mutual agreement.) This law applies to full-time, part-time and temporary workers who have worked for the same employer for 3 months or more.

An employee can sue an employer for payment, if necessary.

Jury selection is part of jury duty and the employee is entitled to payment for that time. The employee should be able to produce a summons or other documentation from the court to account for his time.

Suppose John, an employee in Colorado, is summoned for jury duty and released at noon. His usual shift is 9 am to 5 pm. John’s employer is obligated to pay him for the time John spent on jury duty, up to $50 per day. However, John is required to report to work in the afternoon. John’s employer can discipline him, if John takes the entire day off.

After the third day of jury service, Colorado employees are paid $50 per day by the state.

State law protects an employee’s job while he is on jury duty. CRS 12-71-134 says ““An employer shall not threaten, coerce, or discharge an employee for reporting for juror service as summoned.”

However, this law doesn’t prevent an employer from taking disciplinary action if the employee doesn’t report to work after a partial day of jury duty.

In some cases, jury duty can be postponed if it interferes with an employee’s schedule. Anyone with questions can contact the Office of the State Court Administrator in Golden, CO at 303-861-1111or go to www.courts.state.co.us.

The state provides a booklet on jury duty rights.