Jury Duty & Voting Leave

Serving on a jury and voting are civic duties. Workers in the trades often work long hours or far from home, so it helps to know your rights before you get a summons. The rules vary a lot by state, and there is no single federal rule for either one in the private sector, so check yours.

• Workers
• Employers

Jury duty

• Federal court: federal law (28 U.S.C. 1875) says an employer can’t fire, threaten or coerce a permanent employee because of their federal jury service.
• State and local court: most states have their own laws protecting employees from being fired or punished for jury service. Many also protect your job and seniority.
• Pay: federal law doesn’t require employers to pay you while you’re on jury duty. Some states require some pay, often for a limited number of days, and many employers pay voluntarily. Courts pay jurors a small daily fee.
• Rules for exempt salaried employees can be different. In general, employers can’t deduct pay from an exempt employee’s salary for a week in which they did any work. Ask your HR department or check with your state labor agency.

What to do when you get a summons

1. Tell your employer promptly and give a copy of the summons. Do it in writing if you can.
2. Respond to the court on time. Ignoring a summons can lead to penalties.
3. If service would cause serious hardship, ask the court for a postponement or excuse. Courts have rules and forms for this, and a letter from your employer may help.
4. Keep your proof of service and ask for a letter from the court for your employer.
5. Go back to work as soon as you’re released. Some employers expect you to return the same day if the court releases you early.

Voting

• There is no federal law requiring private employers to give time off to vote. But many states have laws that do, and the details differ: some require paid time, some unpaid, and some limit how much, or only if you don’t have enough time outside work hours.
• Some states require employers to post notices before elections, and to let you vote without penalty.
• Employers can’t generally threaten or punish workers over how they vote. Many states and federal law prohibit coercing votes.

Check your state’s election office or labor department for the current rule. Many states also let you vote early or by mail, which may avoid the problem.

Plan ahead on the job

• Tell your supervisor as soon as you get a jury summons or know the election day schedule
• Ask about your employer’s policy in the handbook or union contract
• Consider voting early, by mail, or before or after your shift
• Keep a copy of the summons and any court letter
• Union members: check the agreement for jury duty pay or leave language

If your employer retaliates

Write down what happened and when. Contact your state labor department, and for federal jury service you can go to the federal court that issued the summons or consult a lawyer. Many states allow you to file a complaint or lawsuit for lost wages. See Wrongful Termination and Leave Laws.

Last updated: October 4, 2026