“Jury Duty Leave” in California – A Guide for Workers

California law does not require employers to offer paid time off for jury service. That said, if a company has a stated policy allowing a certain number of paid days off for jury service, it has an obligation to act in accordance with that policy.

Moreover, workers are entitled to use

• accrued vacation days,
• PTO, or
• sick leave for the purposes of serving jury duty.

As part of California’s workplace leave laws, employers are required to allow you unpaid time off from work due to jury duty service or if you are subpoenaed to court as a witness. As a result of having to take time off work, your employer cannot:

• Fire you,
• Demote you,
• Threaten you,
• Punish you, or
• Take any action against you because of your jury duty service.

Who is Eligible for Jury Duty Leave in California?

All employees in the State of California are eligible for jury duty and subpoena leave. Employers are permitted to ask that you provide proof of your service. Employers commonly accept:

• The original subpoena;
• The notice of jury duty service; or
• A note or notice provided by the court.

Payment While on Leave

California state law does not require California employers to pay their employees while on jury duty. However, employees may use accrued vacation time, paid time off, or personal time for jury service.

Below, our California employment and labor lawyers discuss the following frequently asked questions (faq) about jury duty laws and subpoena leave for California employees:

• 1. Eligibility
• 2. Requirements
• 3. Adverse Employment Action
• 4. Compensation
• Additional Reading

1. Eligibility

Every employee in the State of California is entitled to take time off from work for

• jury duty and
• compliance with a subpoena.

Federal and California law protect employees from adverse employment actions resulting from having to appear in court. ¹ An adverse employment action is some negative course of conduct taken by an employer towards an employee due to the employee’s service.

Employers are permitted to ask that you provide proof of your service. Employers commonly accept:

• The original subpoena;
• The notice of jury duty service (jury summons);
• A note or notice provided by the court.

Courts will typically provide proof of jury service upon request. Ask a court for the proof you need, especially if your employer specifically requests it.

What types of employees are typically called to court?

For jury duty, most employees are subject to random court summons to serve. Those who could be subject to a subpoena from a court commonly include:

• Victims of a crime;
• Witnesses to a crime;
• Domestic violence victims;
• A person attempting to obtain a restraining order; and
• Persons involved in divorce proceedings.

2. Requirements

Employees who are required to or desire to take leave to attend a court function, such as witness duties or jury duty, must provide their employer with “reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible.”²

Reasonable notice is not explicitly defined in terms of how many days’ notice an employee must give his or her employer before requesting leave. The best thing to do is let the employer know as soon as the employee becomes aware of the jury duty service notification or a witness subpoena.

3. Adverse Employment Action

California law forbids an employer from taking adverse employment action against an employee because of jury duty or subpoena leave.

An adverse employment action includes:

• Wrongful termination;
• Wrongful failure to promote;
• Intimidation;
• Discrimination;
• Coerce the employee into not attending or trying to get out of the obligation; or
• Threaten the employee.

Nearly any illegal action taken against an employee because he or she needs to serve on a jury or has been subpoenaed as a witness in a case is protected.

Note that employers face a misdemeanor charge for failing to grant employees leave to serve as jurors.

4. Compensation

California law does not require employers to pay employees during leave for jury duty or for a subpoena to a court proceeding. Unless there is a leave policy or contractual agreement to the contrary in the employee handbook, the employer does not have to pay for that time off, even though the employer must allow it without punishment.

How does the law affect non-exempt employees?

A non-exempt employee is entitled to 1.5 times their pay for overtime and can be paid hourly or by salary in any field of employment. Under California law, non-exempt employees are not entitled to pay for any hours missed due to leave.

Specific exceptions to this general rule exist. Union employees may be entitled to compensation during leave under their contract. This is a negotiated part of the union agreement, not a protection granted to all employees. If you are unsure whether your contract guarantees you will be paid during leave, you can speak to your employment law attorney for help.

How does the law affect exempt employees?

Exempt employees are those who are paid at least $684 per week and are in a certain kind of position, such as:

• Administrative;
• Executive; or
• Professional.

Exempt employees receive a salary, and their pay is not based on hourly rates. As a result, exempt employees typically continue to be compensated at their regular rate even when they are on leave.

In some situations, an employer may withhold pay for an exempt employee. This usually occurs only if the leave requires an employee to be away from work for over one week and the employee is unable to complete their work duties.

Additional Reading

For more information, refer to the following:

• The Meaning of Leave: Understanding Workplace Leave Rights – N.Y.U. Journal of Legislation and Public Policy.
• Union Contract Provisions for Paid Jury Leave – Monthly Labor Review.
• The Right to a Well-Rested Jury – Michigan Law Review.
• Reluctant Jurors: What Summons Responses Reveal about Jury Duty Attitudes – Judicature.
• The Sociologist on Jury Duty – Criminology article on jury duty from a sociological perspective.

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