Quick Summary: Federal law does NOT require employer jury duty pay — but 9 states do. Find out which states mandate employer pay, for how long, and what to do if your employer refuses.
Federal Law: No Employer Pay Required
The federal government does not require private employers to pay employees during jury duty. The federal Jury System Improvements Act of 1978 protects employees from retaliation — but does not mandate continued pay. This surprises many Americans who assume their salary continues automatically.
The 9 States That Require Employer Pay
Alabama requires full pay for unlimited days. Colorado requires full pay for first 3 days. Connecticut requires regular pay for first 5 days. Louisiana requires pay for the first (initial) report day. Massachusetts requires full pay for days 1–3. Nebraska requires full pay for the entire service. New York requires full pay for first 3 days. Tennessee requires full pay for up to 10 days. Washington DC requires full pay for unlimited duration.
What 'Required' Employer Pay Means
In these states, employers must continue paying your regular salary during jury service. The court's stipend does not count — you receive both your salary AND the court payment. Some employers in required-pay states require employees to remit the court stipend to the company in exchange for continued salary.
What to Do If Your Employer Refuses
If you're in a required-pay state and your employer refuses: document the refusal in writing, check your employee handbook for jury duty policy, contact your state labor board or department of labor, consult an employment attorney. Violations can result in fines for the employer.
Voluntary Employer Pay Programs
Many large employers in non-required states voluntarily provide full or differential pay (top-up pay) during jury service. Fortune 500 companies, government employers, hospitals, and universities commonly have these policies. Always check your employee handbook before assuming the worst.
Frequently Asked Questions
Only if you live in Alabama, Colorado, Connecticut, Louisiana, Massachusetts, Nebraska, New York, Tennessee, or Washington DC. Federal law and most state laws do not require employer pay — but your employer may voluntarily provide it.
Policies vary. Some employers require PTO use for jury duty. However, they cannot force you to use PTO in ways that constitute effective retaliation for serving. Check your employee handbook.
This is legal and common in required-pay states. Your employer may ask you to sign over your court stipend in exchange for receiving your full salary. You can then deduct the remitted amount from your federal taxes.
Part-time employees have the same anti-retaliation protections as full-time workers. Whether you receive pay depends on your employer's policy — most required-pay state laws also cover part-time workers.
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