Whether employers have to pay for jury duty depends almost entirely on your state and your employer’s own policy. No federal law requires private employers to pay hourly workers for time spent serving. A minority of states do mandate pay for at least part of your service, and salaried exempt employees have a separate federal protection that keeps their paychecks largely intact. Federal law also makes it illegal to fire or punish you for showing up, but protecting your job and protecting your pay are two different things.
What Federal Law Requires
Under 28 U.S.C. ยง 1875, an employer cannot fire, threaten, intimidate, or coerce a permanent employee because of federal jury service.1Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment The word “permanent” matters. Temporary and contract workers aren’t explicitly covered by the federal statute, which catches people off guard. Every state has its own anti-retaliation law for jurors, and those often reach workers the federal rule leaves out.
Job protection is the ceiling of what federal law gives hourly workers. There is no federal requirement that your employer keep paying your wages while you sit in the jury box. Whether you get a paycheck for those hours is a question of state law and company policy, nothing more.
Salaried Exempt Employees Keep Their Pay
If you’re classified as a salaried exempt employee under federal labor regulations, the rules change. The Department of Labor prohibits docking an exempt employee’s salary for absences caused by jury duty.2eCFR. 29 CFR 541.602 – Salary Basis If you perform any work during the week, your employer has to pay your full salary for that week.
One wrinkle. Your employer is allowed to offset the fees the court pays you against your salary for that week. Earn $1,200 a week, collect $250 in jury fees, and your employer can pay $950 and still meet the salary-basis rule. What they can’t do is zero out your paycheck for the days you were in court.2eCFR. 29 CFR 541.602 – Salary Basis
States That Require Employers to Pay
A minority of states require private employers to cover at least some of your wages while you serve. The specifics vary a lot:
- Some states require employers to pay full regular wages for the first three to five days of service, and a few cap the daily obligation at $50.
- At least one state mandates only a single day of paid leave for jury duty.
- Other states entitle full-time employees to their usual compensation but allow employers to deduct whatever the court pays the juror directly.
Coverage varies as much as the amounts. Some mandates reach all regular employees, including part-time and temporary workers whose hours can be established from a recent schedule. Others apply only to full-time employees. If your state has a pay mandate, you’ll find it in the jury duty or employment leave section of your state code.
States With No Pay Requirement
Most states follow the federal approach. They protect your job but don’t force your employer to pay you while you serve. In those states, compensation is entirely a matter of company policy. Some employers pay full salary for the full length of service. Others pay for a set number of days, cover partial wages, or offer nothing beyond the legally required job protection.
Check your employee handbook or ask HR. The policy is sometimes buried in a section on leaves of absence rather than listed as a standalone benefit.
Forced PTO and Night-Shift Rules
Even in states that don’t require paid jury leave, many prohibit a related penalty: forcing you to burn vacation, sick, or personal time to cover the absence. Roughly fifteen states explicitly bar employers from requiring or requesting that you use accrued paid leave for jury service. In some of those states, an employer who breaks the rule faces civil liability to the employee.
Night-shift workers get additional protection in several states. The most common rule bars an employer from requiring you to work a shift starting at or after 5 p.m. on a day you spent four or more hours on jury duty, or a shift beginning before 3 a.m. the next morning. A few states prohibit requiring any night-shift work during the stretch you’re serving. Thresholds differ, so look up your state’s rule if you work nontraditional hours.
What the Court Pays You Directly
Whatever your employer does, the court itself pays jurors an attendance fee. Federal jurors receive $50 per day. If a single trial runs longer than ten days, the judge can authorize up to an additional $10 per day for each day beyond the tenth, raising the maximum to $60 per day.3Office of the Law Revision Counsel. 28 USC 1871 – Fees Federal jurors are also reimbursed for mileage to and from the courthouse.
State court fees are generally lower. Daily stipends range from nothing in a couple of states to roughly $50, with the national average around $22. Some states bump the daily rate after you’ve served a set number of days. Your summons or the clerk’s office will have the exact figure for your jurisdiction.
Taxes on Jury Pay
Jury fees from the court are taxable income, and you have to report them on your federal return.4Internal Revenue Service. Publication 525 (2025) – Taxable and Nontaxable Income The amounts feel too small to matter, but the IRS expects them included.
If your employer paid your full salary during service and required you to hand over the court’s jury fees in exchange, you can claim the surrendered amount as an adjustment to income on Schedule 1 (Form 1040), line 24h. You still report the jury fee as income, but the adjustment cancels it out so the same money isn’t taxed twice.5Internal Revenue Service. Skills Warm Up – Jury Duty Pay Given to Employer
How to Make Sure You Get Paid What You’re Owed
Give your employer a copy of the summons as soon as you receive it. Most company policies and many state laws require prompt notice, and waiting creates friction with your manager and payroll.
When you report to the courthouse, the jury clerk will provide a certificate of attendance confirming the dates you appeared. If you’re selected for a trial, you’ll receive another certificate at the end covering the full span of service. Bring these back to your employer. They’re your proof for payroll and are often required before any jury pay or leave is processed.6United States District Court District of Nebraska. How Do I Prove to My Employer That I Was on Jury Duty
Keep your employer updated if your service runs shorter or longer than expected. Courts often release jurors early, and letting your workplace know you’re available can save a day of leave you don’t need to use.