Most employers are not required to pay you during jury duty, but some do anyway

Federal law does not require employers to pay employees who serve on juries. Many employers do pay — some for the full duration, some for a limited number of days — but this is a choice they make, not a legal obligation. The court pays you a small amount (usually $15 to $50 per day, depending on the court), but that rarely covers lost wages. Whether you get paid by your employer depends entirely on their policy.

Some states have passed laws that protect employees from being fired or punished for jury service, but protection from termination is different from getting paid. You need to know what your employer's actual policy is before you report to court, because the court will not tell you and the judge cannot override your employer's decision.

Key Takeaways

  • Federal law does not require employers to pay employees for jury duty, though many employers choose to do so.
  • The court itself pays jurors a small daily fee (typically $15 to $50), which is separate from any employer payment.
  • State laws protect you from being fired for jury service in most places, but protection from termination does not mean you will be paid.
  • You should check your employee handbook or ask your HR department about your employer's jury duty pay policy before your court date.
  • If your employer does not pay and you face financial hardship, you can request a postponement or ask the judge to excuse you for undue hardship.

What the court pays you for jury duty

The court pays jurors directly, separate from any employer payment. This amount comes from the court system's budget, not from your employer. The payment varies by court — federal courts, state courts, and local courts all set their own rates.

Federal district courts typically pay $50 on the first day and $35 per day after that. State and local courts often pay less: $15 to $30 per day is common, though some courts pay nothing for the first few days. A few courts pay nothing at all. You will receive a check or direct deposit weeks after your service ends, not when ready.

This court payment is meant to offset some of your lost time, not to replace your full wages. For most people, it covers a fraction of what they would have earned at work.

How employer policies vary

Some employers pay employees their full salary during jury duty. Others pay for a set number of days (often 3 to 5) and then stop. Some pay nothing but do not penalize you for the absence. A few employers deduct jury duty from your paid time off, meaning you use vacation or sick days to cover the lost wages.

Large employers and government agencies are more likely to have a written jury duty policy. Small employers may have no formal policy at all, which means the decision falls to your manager or owner. Union contracts sometimes include jury duty pay provisions that override the employer's general policy.

The only way to know your employer's actual practice is to ask. Check your employee handbook first — many include a jury duty section. If it is not there, contact your HR department or your manager directly. Do this before you receive your jury summons, not after.

State laws that protect your job

Most states have laws that prohibit employers from firing, threatening, or punishing employees for serving on a jury. These laws protect your job, but they do not require your employer to pay you. You cannot be fired for missing work due to jury duty, but you also cannot force your employer to pay you during that absence.

A few states go further and require employers to pay for at least some jury duty time. These states are rare, and the requirements vary. Some require payment only for the first few days, some only for certain types of cases, and some only for employers above a certain size. You would need to check your specific state's law to know whether it applies to you.

Even in states with job protection laws, the protection has limits. If you are fired for a reason unrelated to jury duty — poor performance, restructuring, or any other cause — the law does not protect you. The burden is on you to prove that jury duty was the real reason for your termination.

What to do if your employer does not pay

If your employer does not pay for jury duty and you cannot afford the lost wages, you have options. Before your court date, you can request a postponement to a time that is more convenient for your finances. Courts grant postponements regularly, and you do not need a dramatic reason — saying you cannot afford the lost income is often enough.

You can also request to be excused from jury duty based on undue hardship. This is different from a postponement: you are asking the judge to release you entirely rather than delay your service. Judges have discretion to excuse jurors for financial hardship, though they do not always grant these requests. You will need to explain your situation clearly — bring documentation if you have it, such as proof that you are the sole earner in your household or that you are facing eviction.

If you do serve and your employer retaliates against you for the absence, you may have a legal claim. Document everything: keep the jury summons, your court attendance records, and any written communication from your employer about the absence or its consequences. Contact your state's labor department or an employment attorney to discuss whether you have a case.

How jury duty pay affects your taxes

Jury duty pay from the court is taxable income. The court will send you a 1099-MISC form if you earn more than $600 in a year, though some courts send them for any amount. You report this income on your tax return like any other income.

If your employer pays you during jury duty, that is also taxable income and will appear on your regular W-2 form. There is no special tax break for jury duty pay — it is treated as ordinary income.

Frequently Asked Questions

Can my employer fire me for missing work due to jury duty?

No, in most states. State laws protect employees from being fired, threatened, or punished for jury service. However, the protection does not cover termination for other reasons. If your employer fires you for poor performance or restructuring on the same day you return from jury duty, proving retaliation is difficult. Document everything and contact your state labor department if you believe you were fired because of jury service.

What if I tell my employer I have been summoned and they tell me not to go?

You must go. Ignoring a jury summons can result in fines or jail time for contempt of court. Your employer cannot override a court order. If your employer threatens to fire you for going, that is illegal retaliation in most states. Report it to your state labor department or consult an employment attorney.

Do I have to tell my employer about my jury summons?

You should tell your employer before your court date so they can plan for your absence. However, you are not required to show them the summons itself. You can straightforward say you have been called for jury duty and will be out on specific dates. Your employer does not have a legal right to see the summons.

Can I get out of jury duty if my employer will not pay me?

Yes, you can request a postponement to a better time or ask the judge to excuse you based on undue hardship. Courts understand that jury duty creates financial strain for many people. Bring documentation of your financial situation if possible. The judge has discretion to grant or deny your request, but financial hardship is a recognized reason for excusal.

Will the court pay me before I return to work?

No. Courts typically mail checks or process direct deposits weeks after your service ends, sometimes months later. You will not have the court payment in hand when you return to work. This is another reason to know your employer's policy in advance — you need to plan for the gap between lost wages and court payment.