Employer Frequently Asked Questions
Q. Can an employee seek a postponement of jury service?
A. Yes, recognizing that some businesses may be seasonal, the courts will allow in most cases one postponement of service to a date chosen by the employee. The deferred date can be up to 6 months from the original date. This enables employees to select a more convenient time to serve.
Q. My business can't afford to let our employees serve. What can I do to get my employees out of their jury service?
A. The courts understand that jury service may pose challenges to both employers and their employees, and that is why the one-day or one-trial system has been adopted. However, the employer has a legal obligation to let the employee serve without fear of harassment or dismissal resulting from jury service. The California Labor Code 
prohibits an employer from firing or harassing an employee who is summoned to court to serve as a juror. Employees who are harassed or fired can file a claim with the state's Division of Labor Standards Enforcement and employers can also be prosecuted criminally and face a misdemeanor charge if found guilty.
Q. Is it mandatory for my firm to pay an employee during jury service?
A. Employers are not required by law to compensate employees while they serve on a jury, but many do. These employers recognize that without juries our legal system will come to a halt and that financial hardship may discourage employees from fulfilling their civic duty.
Q. What incentives are there for my firm to compensate an employee while on jury service?
A. In its final report, the Judicial Council's Task Force on Jury System Improvements recommended exploring income tax credits, but no incentives are currently in place.
Q. Will the state reimburse me if I compensate my employees to fulfill their jury service?
A. The courts currently reimburse those jurors not compensated by their employers $15/day after the first day of service and 34 cents/mile one-way, from the juror's home to the courthouse. If an employer compensates the employee for jury service, those funds paid by the courts to the juror are refundable by the employee to the employer. However, the courts do not reimburse the employer directly.
Q. Are there human resources guidelines available to help my firm adopt a jury duty compensation policy?
A. The California court system wants to make it as easy and convenient as possible to assist businesses with adopting an employee compensation policy. Sample jury leave policy is available here (DOC, 28 KB).
Q. Can I stay in communication with my employee during a trial?
A. You are free to communicate with your employee during trial recess at the employee's discretion. However, you are not permitted to communicate in any way about the trial with your employee.
