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

Last Reviewed March 17, 2026

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.

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 comply with that policy.

Moreover, workers are entitled to use accrued vacation days, PTO, or paid sick leave to serve jury duty.

In this article, our Los Angeles employment and labor lawyers address the following key topics regarding jury duty and subpoena leave laws for California employees:

• 1. Eligibility
• 2. Duties to Employer
• 3. Retaliation
• 4. Compensation
• Frequently Asked Questions
• Additional Reading

1. Eligibility

Every employee in the State of California who is 18 or older is entitled to take time off from work for jury duty or compliance with a subpoena (such as to serve as a witness).

Most employees are subject to random court summons to serve on a jury. Employees 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/or
• Persons involved in divorce proceedings.¹

(Note: As of January 1, 2026, California law also allows victims of violent crimes and their family members to take job-protected leave to attend any judicial proceeding related to the crime—such as a sentencing or bail hearing—even if they have not been formally subpoenaed to testify. Learn more about crime victim leave.)

2. Duties to Employer

If you have been summoned for jury duty or subpoenaed in California, you must provide your employer with “reasonable advance notice of [your] intention to take time off, unless the advance notice is not feasible.”² The best practice is let your employer know as soon as you become aware of the jury duty service notification or a witness subpoena.

Employers may ask that you provide proof of your service, such as:

• The original subpoena,
• The notice of jury duty service (“jury summons”), or
• 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.

3. Retaliation

California law forbids an employer from taking adverse employment action against you because of jury duty or subpoena leave. Common adverse employment actions include:

• Wrongful termination,
• Wrongful failure to promote,
• Demotion,
• Intimidation,
• Discrimination,
• Coercion into not attending or trying to get out of the obligation, or
• Threats.

It is a misdemeanor crime for an employer to fail to grant employees jury duty/subpoena duty leave.³

4. Compensation

If you are called to serve on a jury or subpoenaed as a witness in California, you are legally entitled to compensation. However, the exact amount you receive depends heavily on the court system (state versus federal) and the type of case.

Here is a breakdown of the witness fees and jury pay you can expect in California.

California State Jury Duty Pay

For California state courts, juror compensation is strictly defined by state law.

• Daily Pay: You are paid $15 per day, but this compensation only begins on your second day of service. The first day of jury duty is entirely unpaid.
• Mileage Reimbursement: Starting on your second day, the court will reimburse you 34 cents per mile for your round-trip commute from your home to the courthouse.
• Public Transit: If you take public transportation, you can opt for a $12 daily reimbursement instead of mileage. Unlike mileage, this transit reimbursement begins on your first day of service.

While a brief pilot program temporarily paid jurors $100 a day in a handful of California counties, that program was discontinued in 2025 due to state budget cuts. All state courts have reverted to the standard $15 rate.⁴

Federal Jury Duty Pay

If you are summoned to a federal court (such as the U.S. District Court) in California, the compensation is significantly higher:

• Daily Pay: You receive $50 per day, starting on your very first day of service.
• Mileage Reimbursement: You are reimbursed at the standard federal IRS mileage rate (which is 72.5 cents per mile for 2026) for your round-trip commute.⁵

Pay for Being Subpoenaed as a Witness

If you are served with a subpoena to testify at a deposition or in court, you have the right to demand ordinary witness fees. Under California Government Code § 68093, the party that subpoenas you is legally required to pay for your time and travel.

• Civil Cases: You are entitled to $35 per day plus 20 cents per mile for your round-trip travel. You can legally demand to be paid this amount in advance when you are served with the subpoena.⁶
• Criminal Cases: Witness fees in state criminal trials are paid by the county and are generally $12 per day. However, if your employer is not paying your wages while you testify, the judge has the discretion to increase this up to $18 per day, plus a reasonable mileage rate.⁷
• Federal Cases: If you are subpoenaed in a federal civil or criminal case, federal law entitles you to $40 per day, plus the standard IRS mileage rate (72.5 cents per mile).⁸
• Records-Only Subpoenas: If you are only asked to produce documents (a subpoena duces tecum) and do not need to testify in person, the standard fee in California is $15.⁹

Employer Pay

California state law does not require private employers to pay non-exempt (hourly) employees for time spent serving on a jury unless there is a leave policy or contractual agreement to the contrary. However, you have the absolute right to use your accrued vacation, sick days, or PTO to cover your absence so you do not miss a paycheck.

If you are a non-exempt employee and in a union, check your contract: It may include a term that entitles you to pay during jury leave or subpoena leave.

If you are an exempt employee (as most white-collar, salaried workers are), your employer will likely continue paying you during jury duty/subpoena leave as long as it does not last for more than a few days. Check your employee handbook or employment contract for more information.¹⁰

Frequently Asked Questions

What are my employer’s obligations if I get summoned for jury duty?

Under California Labor Code Section 230, your employer has a few strict legal obligations when you are called for jury service:

1. Time Off & Job Protection: They must allow you to take the time off. It is illegal for them to fire, demote, threaten, or retaliate against you for serving on a jury.
2. Compensation: Private employers are not required to pay non-exempt employees for missed time. However, salaried (exempt) employees must generally receive their full weekly pay if they perform any work for the company during that week.
3. PTO, Sick Leave, & Vacation: Your employer must allow you to use your accrued PTO, sick leave, or vacation time to cover your absence if you want to, but they cannot force you to use it.
4. Proof of Service: Your employer is legally allowed to require reasonable advance notice of your absence, as well as proof of service (such as a copy of your summons or a stamped note from the court clerk).

Can I be fired or disciplined for attending jury duty?

No. Under California Labor Code Section 230, it is illegal for an employer to fire, demote, threaten, or otherwise retaliate against an employee for taking time off to serve on a jury or appear as a witness in court, as long as the employee gave reasonable advance notice.

Can my employer force me to use my vacation time or PTO for jury duty?

No. Your employer cannot mandate that you use your accrued vacation days, PTO, or personal leave to cover your jury duty absence. While you have the right to choose to use this time so you don’t miss a paycheck, the decision is entirely up to you.

How much notice do I need to give my employer about my jury service?

California law requires you to give your employer “reasonable advance notice” before taking time off for jury duty unless advance notice is not feasible.

Best practice is to notify your employer or HR department as soon as you receive your jury summons in the mail so they have adequate time to arrange coverage. Your employer is also legally allowed to ask you to provide a copy of the summons as proof.

What does AB 406 do for jury duty?

Assembly Bill 406 (AB 406), which went into effect in late 2025, officially expands California’s paid sick leave laws to cover civic duties. Under this legislation, employees are now legally allowed to use their accrued paid sick leave to cover their time off while serving on a jury or appearing as a subpoenaed witness.

Before AB 406, employees could generally only use vacation time or standard PTO for jury service, but this update guarantees that your sick time can also be used so you do not miss a paycheck.

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.
• The Sociologist on Jury Duty – Criminology article on jury duty from a sociological perspective.

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