Texas Jury Duty Leave: Job Protection & Pay Requirements (2025)
If you receive a jury summons in Texas, you may wonder whether you can take time off work and whether your job is protected. Unlike most leave situations in Texas, jury duty is one area where state law provides clear employee protections.
Under Texas Labor Code § 122.001, employers cannot fire, penalize, or threaten employees for attending jury service. However, there’s a catch: the law does not require employers to pay you during jury duty leave.
This guide explains your rights when summoned for jury duty in Texas, what your employer can and cannot do, and what compensation you can expect.
Texas Jury Duty Leave Law: Texas Labor Code § 122.001
Texas law provides specific protections for employees called to jury service.
Employer Obligations
Job protection: Employers cannot discharge, threaten to discharge, intimidate, or coerce employees because they:
- Receive a jury summons
- Attend jury service
- Serve on a jury
All employers covered: Unlike FMLA (which requires 50+ employees) or federal discrimination laws (which require 15+ employees), Texas jury duty protection applies to all employers, regardless of size.
All employees covered: The law protects all employees, including:
- Full-time and part-time workers
- Hourly and salaried employees
- Temporary workers
- Workers who don’t meet FMLA eligibility requirements
- New employees with minimal tenure
What the Law Does Not Require
No paid leave requirement: Texas law does not require employers to pay employees during jury duty. Jury duty leave can be entirely unpaid.
No duration limit: The law doesn’t specify how long jury duty protection lasts. Whether you serve for one day or six weeks on a lengthy trial, you’re protected from retaliation.
No notice requirements: While employers may have policies requiring notice, Texas law doesn’t mandate a specific notice period (though providing reasonable notice is good practice).
Employer Policies on Jury Duty Pay
Because Texas doesn’t require paid jury duty leave, compensation depends entirely on employer policy.
Common Employer Approaches
Full pay continuation: Some employers (often larger corporations, government employers, and professional firms) continue paying your full salary during jury service with no reduction in pay or benefits.
Partial pay: Some employers pay the difference between your regular wages and the jury duty stipend from the court. For example, if you earn $150/day and receive a $6 court stipend, the employer pays $144.
Unpaid leave: Many employers (especially small businesses, retail, and food service) provide no pay during jury duty. You receive only the court’s jury stipend.
Paid leave requirement: Some employers require you to use vacation days or PTO to receive pay during jury duty.
Length limitations: Some employers pay for a certain number of days (e.g., 5 days) and then jury duty becomes unpaid.
Check your employee handbook: Your employer’s jury duty pay policy should be outlined in your employee handbook or HR policies. If it’s not documented, ask HR for clarification.
Industry Patterns
More likely to offer paid jury duty leave:
- Government employers (federal, state, county, city)
- Large corporations
- Financial services
- Professional services (law firms, accounting firms)
- Healthcare systems
- Union workplaces (if negotiated in collective bargaining agreement)
Less likely to offer paid jury duty leave:
- Small businesses (fewer than 20 employees)
- Retail chains
- Food service and hospitality
- Manufacturing (hourly positions)
- Construction
Court Compensation for Jury Service
While employers may not pay you, Texas courts provide modest compensation for jury service.
Jury Duty Pay Rates in Texas
County and district courts:
- $6 per day for the first day of service
- $40+ per day for subsequent days (varies by county; some pay $50 or more)
Federal courts:
- $50 per day for federal jury service
- $60 per day if service exceeds 10 days
Travel reimbursement: Some courts provide mileage reimbursement for travel to and from the courthouse (typically the IRS standard mileage rate or a flat fee).
Reality Check
Jury duty compensation is minimal and far below most workers’ daily earnings.
Example: If you earn $25/hour and work 8-hour days, your daily wage is $200. If you serve on a jury for 5 days:
- Your normal earnings: $1,000
- Jury stipend: $6 + $40 + $40 + $40 + $40 = $166
- Loss if employer doesn’t pay: $834
For hourly workers living paycheck-to-paycheck, this financial burden can be significant.
Notice Requirements and Procedures
While Texas law doesn’t mandate specific notice requirements, courts and employers typically have their own rules.
Providing Notice to Your Employer
Best practices:
- Notify your employer as soon as you receive a jury summons (usually you receive notice 1-2 weeks in advance)
- Provide a copy of the summons to your employer
- Follow your employer’s internal procedures for requesting leave
- Keep copies of all documentation
Employer policies: Many employers have policies requiring advance notice and submission of the jury summons. While not legally required, failing to follow company procedures could result in discipline (though you cannot be fired for serving on a jury).
Requesting Postponement or Excusal
If jury duty creates severe financial hardship or conflicts with critical work obligations, you can request postponement or excusal from the court.
Grounds for postponement or excusal (varies by court):
- Undue hardship or extreme inconvenience
- Financial hardship
- Medical conditions
- Caregiving responsibilities
- Pre-scheduled travel or important events
- Language barriers
How to request:
- Follow instructions on your jury summons
- Submit a written request explaining your hardship
- Provide supporting documentation
- Many courts allow online postponement requests
Court’s discretion: The court decides whether to grant your request. Being self-employed, being the sole employee of a business, or facing financial hardship may or may not be accepted depending on the court’s policies.
Employer cannot request excusal: Your employer cannot demand that you seek excusal from jury duty. That decision is between you and the court.
Retaliation and Discrimination Protections
Texas law explicitly prohibits employer retaliation for jury service.
Illegal Employer Actions
Prohibited conduct under Texas Labor Code § 122.001:
- Firing or discharging you for jury service
- Threatening to fire you if you serve on a jury
- Intimidating you to discourage jury service
- Coercing you into requesting excusal from jury duty
- Demoting you or reducing your hours because of jury service
- Creating a hostile work environment due to jury service
Examples of retaliation:
- “If you go to jury duty, you’ll be fired”
- Removing you from desirable projects upon return
- Giving negative performance reviews related to jury absence
- Reducing your hours or reassigning you to less desirable shifts
- Pressuring you to find your own replacement or work extra hours to “make up” for jury service
Legal Employer Actions
Permitted conduct:
- Requesting documentation (copy of jury summons, proof of service)
- Not paying you during jury duty (if company policy doesn’t provide pay)
- Requiring you to call in daily to report whether you’re needed for jury service
- Requiring you to report to work on days you’re not required to be at court
- Requiring you to work before or after court hours if court schedule allows (as long as it’s reasonable)
Attendance policies: Employers can apply attendance policies to jury duty absences (e.g., marking you absent in their records) as long as you’re not penalized or disciplined for the absence.
Filing a Complaint for Jury Duty Retaliation
If your employer fires you or retaliates against you for jury service, you have legal recourse.
Remedies Under Texas Law
You can file a lawsuit under Texas Labor Code § 122.001 seeking:
- Reinstatement to your former position
- Back pay for lost wages
- Benefits lost due to termination
- Attorney’s fees and court costs
Statute of Limitations
Deadline: The statute of limitations for jury duty retaliation claims in Texas is typically two years from the date of the adverse action, though you should consult an attorney promptly as some claims may have shorter deadlines.
Evidence to Gather
Document everything:
- Copy of jury summons
- Proof of attendance (court will provide documentation)
- Written or email communications with employer about jury duty
- Termination letter or documentation of adverse action
- Witness statements from coworkers
- Performance reviews and employment records
Timing is key: If you’re fired or demoted shortly after jury service, the timing creates an inference of retaliation.
Practical Considerations for Employees
Financial Planning
If your employer doesn’t provide paid jury duty leave, prepare financially:
- Check your employer’s policy as soon as you receive a summons
- Budget for potential lost income
- Consider whether you qualify for postponement based on financial hardship
- Save the court stipend (minimal as it is)
Communication with Employer
- Provide prompt notice and documentation
- Be professional and cooperative
- Don’t ask your employer to pressure the court for your excusal
- Keep copies of all communications
- Report your status daily if required
If You’re Selected for a Long Trial
Some trials last weeks or even months. If you’re concerned about the financial impact:
- Inform the judge during jury selection (voir dire) about financial hardship
- Explain your situation honestly; judges are often understanding
- Document any hardship clearly
- Ask about hardship excusal if appropriate
The court will decide whether to excuse you, but being honest about financial hardship is acceptable and won’t be held against you.
Frequently Asked Questions
Does my employer have to pay me for jury duty in Texas?
No. Texas law requires job protection but does not require paid leave. Whether you receive pay depends entirely on your employer’s policy.
Can I be fired for missing work due to jury duty?
No. Texas law explicitly prohibits firing, threatening, intimidating, or coercing employees because of jury service. If you’re fired for jury duty, you can sue for reinstatement and damages.
What if I’m a temporary or part-time worker?
Texas jury duty protection applies to all employees, regardless of full-time, part-time, or temporary status. You cannot be fired for jury service.
Do I have to use vacation time for jury duty?
Only if your employer’s policy requires it. Texas law doesn’t address whether employers can require use of vacation or PTO during jury duty. Check your employee handbook.
What if jury duty lasts several weeks?
Your job protection continues for the entire duration of jury service, whether it’s one day or eight weeks. However, if your employer doesn’t provide paid leave, you may face significant financial hardship during a lengthy trial.
Can my employer make me work before or after jury duty on the same day?
Your employer can require you to work outside your jury service hours as long as it’s reasonable. For example, if court ends at 5 PM and you normally work until 10 PM, your employer might require you to come in. However, if you serve a full day and are exhausted, forcing you to work might be viewed as coercive or intimidating.
What if I’m self-employed?
Self-employed individuals receive the same jury duty summons but have no employer to seek protection from. You can request postponement or excusal based on financial hardship or business necessity, but the court decides whether to grant it.
Understanding Your Jury Duty Rights in Texas
Texas provides stronger job protection for jury duty than for most other types of leave. All employees are protected regardless of employer size, tenure, or hours worked—a stark contrast to FMLA’s stringent eligibility requirements.
However, the lack of required pay means jury duty can create financial hardship, especially for hourly workers and those whose employers don’t provide paid leave.
Key takeaways:
- You cannot be fired or penalized for jury service
- Pay during jury duty depends on employer policy
- Court stipends are minimal
- Document everything in case of retaliation
- Consult an attorney if you face adverse action for serving on a jury
For related information, explore:
Return to the Texas Leave Laws Hub for a complete overview of leave rights in Texas.
Legal Disclaimer: This article provides general information about Texas jury duty leave laws and should not be construed as legal advice. Employment laws are complex and fact-specific. If you believe your rights have been violated or have questions about your specific situation, consult with a qualified employment law attorney.