Policy required document Workplace
Jury Duty, Witness and Voting Leave Policy
A civic leave policy says what happens when an employee is summoned for jury service, subpoenaed as a witness, or needs time to vote: whether the time is paid, how much notice is required, and that the employee's job is protected. Federal law protects jury service in the federal courts absolutely.
No employer may discharge, threaten, intimidate or coerce a permanent employee because of federal jury service, on pain of lost wages, reinstatement, a civil penalty of up to $5,000 per violation for each employee, and possible community service (28 U.S.C. 1875).
Every state protects state court jury service in similar terms, and most protect witnesses under subpoena; California bars discharge or discrimination for jury service, for appearing as a witness under subpoena, and for time off by crime victims to seek relief, given reasonable notice (Labor Code 230).
A handful of states require pay: New York employers with more than ten employees must pay the first $72 of daily wages for the first three days of jury service (Judiciary Law 519), and violation is criminal contempt.
Voting leave is a state matter in about thirty states. New York gives up to two hours without loss of pay if the employee does not have four consecutive hours off outside working hours while the polls are open, with notice two to ten working days ahead, and requires the employer to post the notice ten working days before every election (Election Law 3-110).
California gives up to two hours without loss of pay at the beginning or end of the shift, with two working days' notice, and a posting ten days before the election (Elections Code 14000). The policy is short, and the claim it prevents is the manager who told a summoned employee to get out of it.
Obligation ledger
Who requires it, and what each one says.
| Source | Applies when | What it requires | Status |
|---|---|---|---|
| Protection of jurors' employment, federal courts 28 U.S.C. 1875 | Every employer, for permanent employees serving on federal juries | No discharge, threat of discharge, intimidation or coercion by reason of federal jury service; liability for lost wages and benefits, injunction and reinstatement, a civil penalty of up to $5,000 per violation per employee, and possible community service; the reinstated employee is treated as on leave without loss of seniority or benefits. Legally required. | Mandatory |
| California Labor Code, jury, witness and victim leave Cal. Lab. Code 230 | Every California employer | No discharge or discrimination for taking time off to serve on a jury with reasonable notice, or to appear as a witness under subpoena or court order, or for a victim to seek relief such as a restraining order; reinstatement and reimbursement for violations, with a misdemeanor for willful refusal to rehire. Legally required. | Mandatory |
| New York Judiciary Law, jury service NY Judiciary Law 519 | Every New York employer; pay duty for employers with more than ten employees | No discharge or penalty for absence due to jury service after notice; employers with more than ten employees may not withhold the first $72 of daily wages for the first three days of service; violation is criminal contempt of court. Legally required. | Mandatory |
| New York Election Law, time off to vote NY Election Law 3-110 | Every New York employer | Up to two hours without loss of pay to vote where the employee lacks four consecutive hours off while the polls are open, at the beginning or end of the shift unless otherwise agreed, with notice not more than ten nor less than two working days before the election; the employer must post the notice conspicuously not less than ten working days before every election. Legally required. | Mandatory |
| California Elections Code, time off to vote Cal. Elec. Code 14000 | Every California employer | Up to two hours without loss of pay where the employee lacks sufficient time outside working hours to vote, at the beginning or end of the shift unless otherwise agreed, with two working days' notice; notice posted at least ten days before every statewide election. | Mandatory |
Required sections
- Jury service: notice to the employer, that the job is protected, whether and how much the company pays, and the treatment of juror fees
- Witness leave: subpoenas and court orders, and the difference between being a witness and being a party
- Victim leave and related protected absences under state law, with the state schedule
- Voting leave: the hours, whether paid, when in the shift, and the notice the employee gives
- The employer's posting duties before elections, by state, and who is responsible for posting
- How the time is recorded and paid for exempt and nonexempt staff (an exempt employee's salary may not be docked for a partial week's jury service)
- No retaliation, and the complaint route
- Whether PTO may be used to top up unpaid civic leave
What the examiner asks for
What changed
Change log.
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Questions
What people ask.
Do we have to pay employees on jury duty?
Federal law protects the job, not the pay. A few states require some pay: New York, $72 a day for three days at employers with more than ten employees; others such as Connecticut, Massachusetts and Nebraska have their own rules. Exempt employees must receive their full salary for any week in which they work at all, so docking for a partial week of jury service is an FLSA violation regardless of state.
Can we ask an employee to seek a postponement?
Asking once, politely, is usually lawful; pressuring, threatening or penalizing is what the statutes prohibit, and the federal penalty is up to $5,000 per employee plus wages and reinstatement. The policy should tell managers the request is the employee's to make.
Do we have to post an election notice?
In New York, ten working days before every election; in California, at least ten days before every statewide election; several other states have similar rules. It is a poster on the notice board or the intranet, and the missed posting is the easiest violation to prove.
Are subpoenaed witnesses covered?
In California and many states, yes, with the same job protection as jury service. The protection is for appearing under subpoena or court order, not for an employee who is a party to their own lawsuit; the policy should say how that is handled, usually as ordinary PTO.
Sources
28 U.S.C. 1875, protection of jurors' employment (Cornell LII)Cal. Lab. Code 230, jury, witness and victim time off (California Legislative Information)NY Judiciary Law 519, right of juror to be absent from employment (NY Senate)NY Election Law 3-110, time allowed employees to vote (NY Senate)Cal. Elec. Code 14000, time off to vote (California Legislative Information)