Can my employee be excused from service?
The right of citizens to a jury trial is guaranteed by the federal constitution, and service as a juror, when called, is a fundamental duty of citizenship. Accordingly, the Court is required to carefully scrutinize any request to be excused from jury service.
Jurors who believe that they should be excused from jury service because their service would cause undue hardship or extreme inconvenience or because their service would have a negative impact on the public must make a request for excuse in writing. The request must be sent within ten days of receipt of the jury summons. The Court will not consider employer requests. Once a juror has been instructed to report for jury service, the juror may not be excused unless there is an emergency or extenuating circumstance.
Can I fire an employee who appears for jury service?
Under 28 U.S.C.§1875, an employee is protected from being discharged, threatened, intimidated, or coerced by their employer because of federal jury service.
An employer violating this provision is subject to:
1. Liability for damages to the employee;
2. An injunction prohibiting further such violations and providing appropriate relief, including reinstatement of such employee;
3. A civil penalty of not more than $5,000 for each violation on each employee; and
4. An order to perform community service.
What time frame will my employee be at the courthouse for jury service?
Jurors report to the courthouse on days when a trial is scheduled. The presiding judge will set the schedule for those selected to serve. Courthouse hours are Monday through Friday, 8:00 a.m. to 5:00 p.m.
Does my employee get paid for jury service by the federal court?
Federal jurors are paid an attendance fee of $40 per day, in addition to the current federal rate for round-trip mileage. Employees of the federal government are paid their regular salary in lieu of this fee.
Verification of your employee's service.
Upon request by you or your employee, the Jury Administrator or Jury Clerk will provide written verification certifying the date(s) that your employee was present for jury duty.