Jury duty is inevitable, but pay for missed work is not

Q         We have an employee who was summoned for jury duty. Do we, as an employer, have to pay them for the days they’re missing work?

Jury duty is an unavoidable but important part of our legal system. It is also time-consuming and will inevitably force people to miss work. Federally, there is no requirement for private employers to pay wages to employees who miss work to attend jury duty. However, nine states, including Tennessee, require some form of wage compensation by private employers for work missed as a result of jury duty.

Tennessee requires private employers of five or more people to pay employees of at least six months their “usual compensation” for time spent serving and traveling for jury duty. Importantly, Tennessee employers may deduct the amount received by the employee for jury duty.

Even if an employer isn’t required to pay its employees for jury duty, it still has the option to pay its employees. Paying employees for jury duty can build goodwill and reputation with current and potential employees. Moreover, having a policy in place is recommended so employees understand whether they will be paid.