Jury Duty

HRQ

We do not offer jury duty pay. We do of course allow time off for jury duty, but it's always been for a day or two or three.

An employee has been selected for jury duty and she says it's expected to last up to 3 months.

What are our obligations as far as holding this employee's position?

Cheryl S SPHR

I would check your state statutes. I believe our obligations are outlined there.

System

We allow up to 5 days. Our jury duty policy requires an employee to submit proof that he/she's actually served. When they are not in the courtroom, they are required to report to work. In our state jurors must call the evening before to find out if court will be in session for their case the next day. Employees are also required to call in to their supervisor and report their jury absence for each day they are out.

ray a

We do pay for jury duty and the time limit is open ended, but the longest any of our ee's has had to serve was one month for grand jury and he worked part days part of the time. I suspect if one of our ee's had to serve 3 months, we may limit their jury pay, but would hold their job.

HRQ

Cheryl, thanks for directing me to the ARS. Seems an obvious place to look, now that you mention it. x:-) This is what I found. Essentially, her position is protected, without time limit.
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ARS 21-236. Employment rights; automatic postponement; violation; classification

A. An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury duty, participating in the jury selection process or actually serving on a jury. This subsection does not require an employer to provide annual, vacation or sick leave to employees who are otherwise not entitled to such benefits under company policies.

B. An employer shall not refuse to permit an employee to serve as a juror. No employer may dismiss or in any way penalize any employee because the employee serves as a grand or trial juror. An employer is not required to compensate an employee when the employee is absent from employment because of jury service.

C. An employee shall not lose seniority or precedence while absent from employment due to serving as a member of a grand or trial jury. Upon return to employment the employee shall be returned to the employee's previous position, or to a higher position commensurate with the employee's ability and experience as seniority or precedence would ordinarily entitle the employee.

D. A court shall postpone and reschedule the service of a summoned juror of an employer with five or fewer full-time employees, or their equivalent, if during the same period another employee of that employer is serving as a juror. A postponement pursuant to this subsection does not affect a person's right to one automatic postponement under section 21-336.

E. A person who violates any provision of this section is guilty of a class 3 misdemeanor.