If your employee is called for jury service, you must allow them time off—but you're not required to pay them. Here’s a clear look at your responsibilities, options, and how to handle disruptions and pay during their absence.
If your staff members are called to serve on a jury, you are required to grant them the necessary time off for jury service. If their absence would significantly disrupt your business, you may ask them to request a postponement of their jury service. The employee must agree to this request and provide written justification for the delay. A postponement can only be requested once within a 12-month period, and the employee must specify on the jury summons when they will be available.
While employers are obligated to allow time off for jury service, there is no legal requirement to pay employees during their absence. However, employers may choose to continue paying employees as usual. If this occurs, the employer cannot reclaim the wages paid to the employee or the business losses incurred during the jury service.
If the employer does not provide pay, the employee can claim a loss of earnings allowance from the court. To do so, the employer must issue a certificate of loss of earnings, which is provided along with the jury service letter. Employers may also opt to supplement the loss of earnings allowance by reducing the court allowance from the employee’s regular take-home pay.
