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Am I guaranteed paid time off for jury duty?

On Behalf of | Jan 19, 2015 | Employment Law

Jury duty. No one wants to win that lottery. When your number comes up, you are required by law to report to the court, even if that means you miss work. But will you miss your paycheck too?

Federal and state law requires every employer of every size to allow employees leave time when they are called for jury duty. This means you are allowed to miss work with no repercussions, and your job must be held for you until you return.

Your employer is not required to pay you for time missed due to serving on local, state or federal juries. If you don’t know if you get paid time off for serving on a jury, consult your company’s employee handbook. There are no automatic exemptions for jury service based on occupation, so no matter if you are a janitor or a brain surgeon, you are required to report for jury duty all the same.


In West Virginia, the individual is responsible for the cost of meals, parking, and any other incidental costs related to serving on a jury. The state reimburses individuals at the rate of $40 a day plus round-trip mileage for serving on a jury whether or not your employer gives you paid time off for jury service.

If your employer fails to provide leave for jury duty, or penalizes you as a result of serving, the employer can be held in contempt of court or charged with a misdemeanor.

If you have been the target of workplace harassment, discrimination or unfair termination, Bouchillon, Crossan & Colburn, L.C. represents clients in federal court and before the EEOC, MSPB and in state and union grievance hearings.

Our attorneys have more than 35 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. Call Bouchillon, Crossan & Colburn, L.C. at 304-523-8451 or contact us online to schedule an appointment.