Whether you get paid for jury duty depends on two separate things: what the court pays you and what your employer pays you. The court will send you a small daily stipend no matter what. Your regular wages are a different story, and the answer turns on federal law, your state, and whether you’re salaried or hourly.
What the Court Pays You
Every juror receives a stipend directly from the court. It isn’t designed to replace your wages. It’s there to offset parking, gas, and lunch.
Federal jurors earn $50 per day. If a trial runs longer than ten days, the presiding judge can raise that to $60 per day for each additional day. Federal courts also pay a mileage allowance for driving to the courthouse, cover tolls in full, and may reimburse reasonable parking fees with a receipt. If the court requires you to stay overnight nearby, a subsistence allowance for meals and lodging is available.1Office of the Law Revision Counsel. 28 U.S. Code 1871 – Fees
State courts pay less. Daily rates range from nothing to about $50, with most states clustering around $20 per day. Some jurisdictions pay nothing for the first day, then begin paying. A few increase the rate after a certain number of service days. Your summons or the court clerk’s office will have the exact figure for your area.
Grand jurors earn the same daily rate as trial jurors, but the time commitment is much larger. A federal grand jury typically sits for six months to a year and meets about once a week, so lost wages become a far bigger concern than they would be for a single-week trial.
Whether Your Employer Keeps Paying You
The Fair Labor Standards Act does not require employers to pay hourly, non-exempt workers for time spent on jury service.2U.S. Department of Labor. Jury Duty Whether hourly workers get paid comes down to state law, a union contract, or company policy. Many large employers offer paid jury duty leave as a benefit even when nothing forces them to.
Salaried exempt employees have stronger footing. Federal regulations bar employers from docking an exempt employee’s pay for any week in which the employee does any work but misses time for jury service. Your employer can only withhold pay if you miss an entire workweek and do no work at all. One wrinkle: your employer is allowed to offset the jury fees you receive from the court against your salary for that week. If the court pays you $250 for a week of service, your employer can reduce your paycheck by that amount without violating the salary-basis rules.3eCFR. 29 CFR 541.602 – Salary Basis
States That Require Paid Leave
Several states require employers to provide paid jury duty leave, and the mandates vary. Some require full pay for a limited window such as the first three or five days. Others require payment for the entire service. Some apply only to employers above a certain size, exempting small businesses. Check your state’s labor department website or your employee handbook for the rule that applies where you work.
Can Your Employer Make You Use Vacation Days?
Federal law does not stop employers from requiring you to use PTO or vacation time for jury service.2U.S. Department of Labor. Jury Duty About 18 states have passed laws that specifically prohibit this. In states without that protection, whether you have to use PTO is a matter of company policy, so read your handbook before assuming either way.
If You’re Self-Employed
Jury duty hits self-employed and freelance workers harder than it hits salaried ones. There’s no employer to keep paying you, and the court stipend is unlikely to come close to replacing your daily earnings. You’re limited to the same $50-per-day federal rate, or the lower state rate, that everyone else receives. No federal program exists to bridge the gap for lost freelance income.
If service would genuinely threaten your ability to cover basic expenses, the financial hardship excuse described below is worth pursuing. You can also request a postponement to a slower period. If neither works, the court stipend is your only compensation, so set aside savings or adjust your workload around the dates on your summons.
Taxes on Jury Pay
Jury fees count as taxable income. You report them on Schedule 1 of your federal return (Form 1040, line 8h). If your employer paid your regular salary during service and required you to turn the court stipend over to the company, you can deduct that amount as an adjustment to income on Schedule 1, line 24a.4Internal Revenue Service. Publication 525 – Taxable and Nontaxable Income The net tax effect in that situation is zero, but you still need to report both the income and the deduction. This catches people off guard because the court sends the fees without withholding anything.
Job Protection While You Serve
Federal law makes it illegal for any employer to fire, threaten, or otherwise punish a permanent employee for serving on a federal jury.5Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment Every state has its own version for jurors serving in state and local courts. Retaliation doesn’t have to mean termination. Cutting hours, demoting you, stripping supervisory duties, or giving you a punitive schedule change because of jury service all fall into territory these laws are designed to prevent.
An employer who violates the federal protection can be ordered to reinstate the worker, pay back wages, and pay a civil penalty of up to $5,000 per violation. A court can also order community service.5Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment State penalties vary widely and can be steeper, including misdemeanor charges in some jurisdictions. If you believe your employer is retaliating against you, report it to the clerk of the court where you served.
Asking to Be Excused for Financial Hardship
Courts recognize that jury service can create real financial strain, and most allow prospective jurors to request an excuse or postponement on that basis. In federal court, you submit a written request explaining why service would cause undue hardship. You’ll generally need to provide details about your employer, whether the company offers paid jury duty leave, your household income and expenses, and the number of dependents you support. Vague claims rarely work; courts want specific numbers showing you can’t absorb the lost income.
A hardship excuse is not automatic, and courts grant them selectively. If your employer pays your full salary during service, you’re unlikely to qualify. Self-employed workers and people living paycheck to paycheck have the strongest case. Even if the court denies the excuse, you can usually ask to postpone your service to a more manageable date.
What Happens If You Skip Jury Duty
Ignoring a summons has consequences. A federal court can order you to appear and explain why you didn’t show up. If you can’t demonstrate good cause, you face a fine of up to $1,000, up to three days in jail, mandatory community service, or any combination of the three.6Office of the Law Revision Counsel. 28 U.S. Code 1866 – Selection and Summoning of Jury Panels State courts impose their own penalties, from modest fines to contempt-of-court charges. Most courts will send a follow-up notice before escalating, but counting on that leniency is a gamble.