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Jury Duty and Employment Rights

Aside from being asked if we know any tricks to avoid jury duty (and we don't--so don't ask), the other jury question that we handle from time-to-time is whether an employee should be paid during her civic service.  In Pennsylvania the legal answer is: No. 

The applicable statute makes it a crime for an employer to deprive an employee of his "employment, seniority position or benefits or threaten or otherwise coerce him with respect thereto, because the employee receives a summons, responds thereto, serves as a juror or attends court for prospective jury service."  42 Pa. C.S. § 4563.  But the statute is explicit that an employer is not required to compensate the employee for time lost because of jury service. 

Still, many employers develop policies often set forth in a handbook that provides for payment for a period of one or two weeks.  This is obviously acceptable and even, arguably, a laudable practice.  And, if it is part of the firm's policy then refusing to pay an employee for whatever the length of the company policy would be a violation enforceable under Pennsylvania's Wage Payment and Collection Law. 43 P.S. § 260.1 et seq

If you need help writing a policy or enforcing one drop us a line. 
Categories: Employment Law

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