Federal Grand Jury Duty

AnaC

Hello

I have an agency (non profit) that has an employee that was just called to serve on a Federal Grand Jury for approx one year (one day per week), and this agency's current policy on payment for jury duty is that they will pay for time missed for the purpose of jury duty but they don't have any time frame limitations/caps, e.g. one week maximum paid time, and thereafter unpaid leave etc. After looking at the Federal Statute covering this topic, Jury System Improvements Act -- 28USC 1875, Protection of Jurors' Employment, as well as the Florida Statute 40.271, it is clear that the employee is protected, as they should be.

My question is this; This agency has been wanting to change their policy prior to this situation arising, and they were advised many times in the past by an attorney that works with them, to change their policy and put a limited number of weeks that the agency will pay for time missed due to jury duty service. I personally think that changing it right now whereby it would affect this particular employee is a bad idea, and that if we do make a change, it should go into effect immediately without affecting this particular individual. But I wanted to hear others' opinions and find out what are some of the typical jury leave policies out there in other companies.

Thanks in advance for your very valued input!

Ana

Leslie

[font size="1" color="#FF0000"]LAST EDITED ON 10-02-03 AT 12:05PM (CST)[/font][p]We are for profit but our government offices use the same policy:

2. COMPENSATION

2.6 COURT SERVICE (JURY DUTY, SUMMONS, SUBPOENA)

I. Purpose

Participation in jury service or certain other mandatory court appearances is an important part of an employee's civic responsibility, and the company has a compensation program covering affected employees.

II. Policy

All regular full time and part time employees will be excused from work attendance without loss of pay upon presentation of summons for jury qualification interviews, jury duty, or by subpoena or summons by the court as a witness. The company will pay the employee's regular wage/salary for up to, but not to exceed, 40 hours per week to a maximum of 120 hours per calendar year.

III. Procedure

A. Notification

1. An employee must notify the department manager as far in advance as possible when a summons for jury qualification interviews, jury duty, subpoena, or summons by the court as a witness, is received.

2. A copy of the summons or subpoena must be submitted to human resources immediately.

3. A copy of the attendance verification received at the end of jury duty service or serving as a witness from the court clerk must be submitted to human resources for verification and authorization of payment for jury duty absences.

B. Reimbursement

1. An employee will be given time off from work equal to the time spent in court as noted in preceding section.

2. If the employee has received reimbursement for their court service, the employee must submit a copy of the jury duty pay voucher, check, or documentation from the court to human resources as soon as it is received, not to exceed 45 days from date of court service.

3. If the employee received full pay during the service, the employee must reimburse the company for the full amount of the court voucher or check, less any court paid mileage reimbursement.

rad

My company pays for the entire jury service. I was on a jury for 6 weeks and was paid for the entire time even though Mass law mandates the first three days. Florida does not mandate that you pay employees anything while they are on jury duty. But to answer your other question, if you institute a new policy, grandfather this employee; you do not want to appear retaliatory which puts you in danger of being found in contempt of court.

AnaC

Thank you both very much for your comments and for sharing your policy.

Sincerely,
Ana