When an employee receives a jury summons in the mail, the employer too has obligations. While the employee’s absence during jury service may be inconvenient, employers are prohibited from dismissing, threatening, or coercing employees who are summoned for jury service. Employers should not even suggest the employee should try to avoid this call to duty.
Once the employee actually reports for jury duty, employers often have questions concerning payment of wages and whether they are permitted to require an employee to report to work at the conclusion of their service. In Connecticut, full time employees (those normally required to work at least 30 hours per week) must be paid their regular wages for the first 5 days of jury service. Beginning on the 6th day, all jurors are paid $50.00 per day by the State. Time spent by the employee reporting for jury service does not have to be included in the employee’s regular rate of pay for purposes of calculating overtime. If the employer refuses to pay the employee during jury service, it may be sued by the employee or subject to criminal penalties.
An employer can require an employee report to work if he or she is dismissed by the court early. The employer’s handbook should clearly set forth this requirement. However, if the employee works the night shift, the employer cannot require the employee to report to work if he or she reported for jury service for 8 hours during the day.
Employers would be wise to ensure their payroll department understands the payment requirements for employees who participate in jury service. Employers should also review their handbooks and personnel policies to confirm their own policy is consistent with Connecticut requirements.
Brody and Associates regularly advises management on complying with state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
