California Jury Duty Leave: Your Right to Time Off for Jury Service (2026)

Quick Answer: California law requires all employers to give employees time off to serve on jury duty. Your employer cannot fire, threaten, or penalize you for responding to a jury summons. While jury duty leave doesn't have to be paid (unless you're a public employee), your job is fully protected.

Your Right to Jury Duty Leave

The Basic Protection

Under Labor Code Section 230, your employer must:

• Allow you time off to respond to a jury summons
• Allow you to serve on a jury
• Not discharge or discriminate against you for jury service

Who Is Protected

All California employees are protected, regardless of:

• Employer size (no minimum)
• Length of employment
• Full-time or part-time status
• Type of job or industry

Pay During Jury Duty

Private Employers

California law does not require private employers to pay employees during jury duty.

However:

• Many employers voluntarily pay (full or partial)
• Some pay the difference between jury pay and regular wages
• Check your employee handbook for your employer's policy

Court Payment

California courts pay jurors:

• $15 per day starting the second day of service
• $0.34 per mile for one-way travel (after the first day)
• Federal courts pay $50 per day

Public Employees

California state and local government employees must receive full pay during jury service for the first 5 days. After 5 days, employers may reduce pay by the amount of jury fees received.

Job Protection

What Your Employer Cannot Do

Your employer is prohibited from:

• Firing you for serving on jury duty
• Threatening to fire you
• Demoting you or reducing pay
• Changing your schedule as punishment
• Requiring you to use vacation time
• Penalizing you in any way

What Your Employer Can Do

Employers may:

• Request documentation of jury service
• Ask you to provide notice of jury duty
• Ask you to report to work when not at court
• Request that you call daily about jury status

Requesting Jury Duty Leave

Step 1: Notify Your Employer

As soon as you receive a jury summons:

• Inform your supervisor or HR
• Provide a copy of the summons
• Indicate expected dates of service

Sample Notice

"I have received a jury summons for [date]. I am providing a copy of the summons as required. I will keep you informed about the expected duration of my service and will return to work as soon as my service is complete."

Step 2: Keep Employer Updated

During jury service:

• Notify employer if service is extended
• Communicate expected return date
• Provide documentation if requested

Step 3: Return to Work

After jury service:

• Return promptly when service ends
• Provide proof of service if employer requests
• Resume normal duties

Length of Service

Trial Length Varies

Jury service can last:

• One day - If not selected or case settles
• Several days - For typical trials
• Weeks or months - For complex trials

Your Job Is Protected

Regardless of how long jury service lasts, your job is protected. Employers cannot:

• Set limits on how long you can serve
• Require you to choose between job and jury duty
• Fire you for extended service

Long Trials

If selected for a lengthy trial:

• Communicate regularly with employer
• Keep records of all jury service dates
• Your job remains protected throughout

Special Situations

On-Call Status

Many courts use on-call systems:

• Call or check online to see if you must appear
• You may not need to attend every day
• Report to work when not required at court

Employer obligations:

• Cannot penalize you for being on-call
• Must allow time off when you're called

Postponement

You can often postpone jury service once:

• Request through the court
• Reschedule to less busy time
• Document postponement for employer

Hardship Exemption

Courts may excuse you for:

• Extreme financial hardship
• Medical reasons
• Caregiving responsibilities
• Other significant hardship

This is at the court's discretion, not your employer's.

Retaliation Is Illegal

Prohibited Actions

If your employer retaliates for jury duty:

• Termination
• Demotion
• Pay reduction
• Schedule changes
• Harassment or hostility
• Negative performance review

All of these are illegal.

Penalties for Employers

Employers who violate jury duty protections face:

• Reinstatement of employee
• Back pay for lost wages
• Compensatory damages
• Attorney's fees
• Criminal penalties (misdemeanor)

Filing a Complaint

If retaliated against:

1. Document the retaliation
2. File complaint with Labor Commissioner
3. Or file civil lawsuit
4. Consult employment attorney

Statute of limitations: Generally 3 years

Federal Jury Duty

Federal Court Service

If summoned to federal court:

• Same job protections apply
• Federal law (28 U.S.C. § 1875) also protects you
• Federal jury pay is $50/day

Employer Cannot Interfere

Employers cannot:

• Require you to use vacation for federal jury duty
• Fire you for serving on federal jury
• Penalize you in any way

FAQs

Can my employer require me to use PTO for jury duty?

No. Employers cannot require you to use vacation or PTO for jury duty. You can choose to use it to receive pay, but it must be your choice.

What if jury duty falls during my busiest time at work?

You can request postponement from the court (usually once). But your employer cannot fire you or pressure you to skip jury duty regardless of business needs.

Can I work during jury duty?

If you're not required at court (on-call days, lunch breaks, early dismissal), your employer can ask you to work. But this must be reasonable given court schedules.

What proof can my employer require?

Employers can request:

• Copy of summons
• Documentation of days served
• Proof of service completion

They cannot demand documentation before you leave.

Does jury duty count as time worked for overtime?

Jury duty time is generally not counted as hours worked for overtime purposes. However, if you work additional hours during a jury week, overtime rules still apply to those hours.

What if I'm a new employee?

Jury duty protection applies regardless of how long you've worked. Even a new employee cannot be fired for serving on jury duty.

Tips for Employees

Before Jury Duty

• Notify employer immediately upon receiving summons
• Check if employer has paid jury duty policy
• Arrange coverage for essential duties
• Save copy of all communications

During Jury Duty

• Keep employer informed of schedule
• Work when reasonably possible
• Document all court appearances
• Request proof of service from court

After Jury Duty

• Return to work promptly
• Provide documentation if requested
• Document any negative treatment
• Report retaliation immediately

Related Topics

• Leave Laws Hub
• Workplace Retaliation
• Voting Leave
• Wrongful Termination

Legal Disclaimer

This article provides general information about California jury duty leave protections and is not legal advice. For advice about your specific situation, consult a licensed California employment attorney.

Legal Authority:

• Labor Code § 230(a) - Jury duty leave protection
• 28 U.S.C. § 1875 - Federal jury protection