Jury Duty Pay

E Wart

Our present policy (for non-exempt employees) is to make up an employee normal daily gross compensation (no overtime)while on jury duty up to 2 weeks. (In other words, take 8 hours x hourly wage - what paid by the court). We have an employee, non extempt, (in CO) who is on federal jury duty which is scheduled to last four to six weeks. (Sounds as if OJ is back in town!!) We are examining our policy to possibly change it to annually we will make up up to 100 of comp over what court pays for the first two weeks (like mentioned above)and the next two weeks make up to a total of 50% gross comp, and then nothing after that. I wondered:
1. What are other employers' policy on jury pay?
2. Have you every had an employee serve on a long term trail? This is my first in over 20 years?
3. I feel really bad for this employee because he (nor did we) ask to be on jury duty and he is getting his take home pay cut. Do you know of any other organization that may make up any difference for him. I am getting ready to call unemployment to see if this might apply for him?
4. Any other suggestions.
Thanks, E Wart

Brad Forrister

Don't know how he could get unemployment unless you terminate him, and if you terminate him, he's got a right to sue you for wrongful discharge. There's a statute called the Jury Systems Improvement Act that covers all this for the federal courts.

He will, of course, get jury pay from the government - I think it's $40/day for federal trials.

And before you go too far, has he actually been selected for a trial that's supposed to last a month? The way most federal district courts work, they notify jury pool members that they're on tap for a month, but they may only get called for one or two days. They may never actually get chosen for a jury, and if they do, it may be for far less than a month.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

E Wart

E Wart
Brad, thanks for your response. We don't want to terminate him. We are willing and planning to hold his job open, but just wanted to find out if there was anywhere else that he could get some compensation.
Yes, he has already been chosen and is already serving. He has done 2 weeks already, and that is why he knows about how long it will take. (Always could be settled before that, but doubt it.)
Yes, he does get paid $40 (and we made up the difference for 2 weeks.) But, just trying to think creatively on how he could get additional pay if he could qualify anywhere? Or, is there anything anyone else had done in situations like this that we might not have thought about?
Ewart

Leslie

Our policy pays employee's regular wage/salary for up to, but not to exceed, 40 hours per week, for a maximum of 120 hours per calendar year. 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. If the employee received full pay during the service, the employee must reimburse for the full amount of the court voucher or check, less any court paid mileage reimbursement.

But any changes to yours are too late for this guy. Can you allow him to use sick time? Or vacation? Our policy states that sick time is intended to be used when ill, but in the event of an emergency HR can approve use of sick. Never have had to approve it for jury duty (but would) because that policy is, as you can see, pretty generous - it's usually for bereavement of a non-immediate family member.

WOCO Frank

I had an acquaintance who served on a jury for a federal racketeering trial that exceeded 10 months.

Good luck.