About nine states and the District of Columbia are the states that require employers to pay for jury duty, though the details vary sharply: Alabama, Colorado, Connecticut, Louisiana, Massachusetts, Nebraska, New York, Tennessee, and D.C. mandate at least some pay, with coverage ranging from a single day to the entire length of the trial. Everywhere else, whether you get a paycheck during jury service comes down to your employer’s own policy.
How Each State’s Pay Mandate Works
The mandates differ on three things that matter: who counts as a covered employee, how many days the employer must pay, and whether the employer can subtract the small fee the court pays you.
Alabama
Full-time employees receive their usual compensation for the entire duration of jury service. The statute does not authorize the employer to deduct the juror fee paid by the court. Part-time employees are not covered. If an employer has five or fewer full-time employees and two are summoned at the same time, the court must automatically postpone one juror’s service.1Alabama Legislature. Alabama Code 12-16-8 – Employees Excused From Employment
Colorado
All regularly employed workers, including part-time, temporary, and casual employees, must be paid their regular wages for the first three days of jury service, up to $50 per day. The employer and employee can agree to a higher amount. “Regular employment” covers anyone whose hours can be determined from a schedule or practice established in the three months before service began.2Justia Law. Colorado Revised Statutes 13-71-126 – Compensation of Employed Jurors During First Three Days of Service
Connecticut
Full-time employees receive their regular wages for the first five days of jury service. An employer who fails to pay faces damages in a civil action, and financial hardship is explicitly not a valid defense.3Justia Law. Connecticut Code 51-247 – Compensation of Jurors
District of Columbia
Employers with more than 10 employees must pay full-time juror-employees their usual compensation, minus whatever the court pays, for the first five days of service. Employers with 10 or fewer employees are exempt. An employee isn’t considered “full-time employed” on a jury day if they wouldn’t have been scheduled to work that day anyway.4D.C. Law Library. DC Code 15-718 – Juror Fees
Louisiana
Employers must grant up to one day of paid leave when an employee is called for jury service, with no reduction in sick leave, vacation, or other benefits. An employer who fails to pay owes the employee a full day’s wages and faces a fine of $100 to $500.5Louisiana State Legislature. Louisiana Revised Statutes 23:965 – Jury Duty
Massachusetts
All regularly employed workers, whether full-time, part-time, temporary, or casual, must receive their regular wages for the first three days of jury service. After the third day, the state compensates jurors at $50 per day. If your employer voluntarily continues paying you beyond day three, the employer can require you to turn over the state compensation.6Mass.gov. Learn About Compensation for Jury Duty
Nebraska
Employees cannot suffer any loss of pay due to jury service. The employer may reduce wages by the amount of compensation the court pays for jury duty, but not by the amount of any expense reimbursements. A violation is a criminal offense.7Nebraska Legislature. Nebraska Revised Statutes 25-1640 – Employee Penalized Due to Jury Service Prohibited
New York
Employers with more than 10 employees may not withhold the first $72 of an employee’s daily wages for the first three days of jury service. If you earn less than $72 per day, your employer pays your full daily wage. Employers with 10 or fewer employees can withhold wages during jury service, though the state pays a daily jury fee to help offset the loss. Violating the law is criminal contempt of court.8New York State Senate. New York Judiciary Law 519 – Right of Juror to Be Absent From Employment
Tennessee
Employers with five or more regular employees must pay juror-employees their usual compensation for the duration of service. The employer has discretion to deduct whatever the court pays in juror fees. The requirement applies only to employees who have worked for the employer at least six months, and the employer doesn’t have to pay for more time than the employee actually spent serving and traveling.9Justia Law. Tennessee Code 22-4-106 – Absence From Employment – Amount of Compensation
A handful of other states and local jurisdictions may have narrower mandates. These statutes change periodically, so check your state’s current jury duty law if it isn’t on the list above.
What Federal Law Requires
Federal law doesn’t require private employers to pay wages during jury duty. The Fair Labor Standards Act doesn’t cover it for hourly, non-exempt workers,10U.S. Department of Labor. Jury Duty and the Jury System Improvements Act of 1978 didn’t add a pay requirement for private employers. What federal law does guarantee is your job: under 28 U.S.C. § 1875, no employer may fire, threaten, intimidate, or coerce any permanent employee because of federal jury service, and a violation can cost the employer lost wages, a reinstatement order, and a civil penalty of up to $5,000.11Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment
What the Court Pays You Directly
Separate from any employer wages, the court itself pays jurors a small fee. Federal courts pay $50 per day plus a travel allowance based on distance, with a subsistence allowance for overnight stays and up to an additional $10 per day once a trial runs past ten days.12Office of the Law Revision Counsel. 28 USC 1871 – Fees State court pay varies widely, with some states paying nothing for the first few days and others paying a modest stipend from day one, generally capped around $50. These fees rarely replace a day’s wages, which is why the employer-pay statutes above matter.
If Your State Isn’t on the List
In states without a pay mandate, your paycheck during jury duty depends on your employer’s policy. Many states still bar your employer from forcing you to burn PTO to cover the time, which is a separate protection worth knowing about.
Alabama bars employers from requiring or requesting that an employee use annual, vacation, unpaid, or sick leave for any time spent on jury duty.1Alabama Legislature. Alabama Code 12-16-8 – Employees Excused From Employment Arizona takes the same approach for responding to a summons, going through jury selection, or serving.13Arizona Legislature. Arizona Revised Statutes 21-236 Arkansas bars loss of sick leave or vacation time as long as the employee gives reasonable notice,14Justia Law. Arkansas Code 16-31-106 – Penalty for Employees Service and Virginia blocks employers from forcing use of sick or vacation leave for jury service or court appearances.15Virginia Code Commission. Virginia Code 18.2-465.1 – Penalizing Employee for Court Appearance or Service Nebraska and Indiana have comparable rules in their jury service statutes.7Nebraska Legislature. Nebraska Revised Statutes 25-1640 – Employee Penalized Due to Jury Service Prohibited
At least two dozen states have some version of this protection. Where the state is silent and the employer’s handbook is silent, the employer generally can require you to use accrued PTO.
If Your Employer Won’t Pay
Start a paper trail. Save your jury summons, any messages with your employer about the service, your pay stubs for the relevant period, and any written policy from the employee handbook. That record is the foundation of any complaint.
Then contact your state’s department of labor, which can walk you through your state’s specific statute and may investigate directly. Many states also let you file a civil lawsuit to recover lost wages, and because deadlines and remedies vary, an employment attorney is worth consulting when the dollar amount is significant or you’ve been fired. For federal jury service, 28 U.S.C. § 1875 gives you a direct right of action against an employer who fires or threatens you over service, with civil penalties up to $5,000 per violation, lost wages, a possible reinstatement order, and community service.11Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment
One group these protections generally don’t reach: independent contractors. Jury duty job and pay statutes are typically written for employees, so if you’re classified as a contractor or gig worker, the state rules above likely don’t apply to your working relationship.