When employees have to miss work for a subpoena

Q: What is an employer’s obligation to pay an employee who has to miss work because of a subpoena that isn’t job-related? Is it similar to jury duty leave?

A subpoena is a command to appear at a certain time and place to give testimony upon a certain matter. Generally, under state law, private employers aren’t obligated to pay an employee who has to miss work because of a subpoena that’s not job related. Similarly, in most states, there are no laws regarding jury duty paid time off for employees.

It’s important to note, however, that an employer may opt to continue to pay an employee’s salary during their time in court. Thus, it’s recommended that employers have a policy in place to address court leave for their employees. When creating a policy, be aware that under federal law, no employer may discharge, intimidate, or coerce an employee who is absent from work due to jury duty or compliance with a subpoena.

Kentucky, North Carolina, South Carolina, and West Virginia don’t require that employers grant paid leave for jury duty or for compliance with a subpoena. Employees may, however, be entitled to a nominal jury duty payment and potential reimbursements for travel expenses from the state or an attorney from the matter.

Tennessee is different than most states when it comes to court leave. For jury service, an employee is entitled to their usual compensation received; however, the employer has the discretion to deduct the amount of the fee or compensation the employee receives for serving as a juror.