b'Jury DutyWho, What, Why . . . Who does it apply to: The Jurors Right to Re-employment ActEmployers can opt to have employees use paid vacation or and the Jury System Improvement Act of 1978 applies to allother paid time off for jury duty leave as long as it is not contrary employers in Texas. These laws protect the employment statustoanyexistingcompanypoliciesorlaboragreements(this of those employees serving jury duty in either state or federalincludessalaryexemptemployees). Thatsaid,anemployer court. may not terminate healthcare benefits during jury service leave.Who is protected: All permanent employees serving jury dutyDo I need a policy: It is a good idea to create a policy for are protected. Temporary or seasonal employees, those thatemployees called to jury duty, so that when the situation arises, work for a specific length of time or until a specific project isexpectations are clear for both the employer and the employee. completed, are not protected. A lot of issues and questions can arise on this subjectuse of time off, when to report the summons, how is unpaid leave Whataretheyprotectedfrom:Notonlyaretheemployeeshandled, what are employees to do if they are released early protectedfrombeingfired,employerscannotthreaten,one day, etc.intimidate, or attempt to coerce employees to avoid jury duty.Does jury service count towards overtime: No. The hours spent Do I have to pay employees out on jury duty: Federal law doesinjuryservicedonotcounttowardovertime,justasother not require covered employers to pay employees for days thattypes of paid leave and paid holiday hours do not count toward they do not work except as noted here: overtime. Salaried Exempt Employees: If an employee works any part of a week (5 minutes would count) and misses theDo I get reimbursed if I pay for jury service: Yes, but not for rest of the week for jury or witness duty, he must receivethe full wages. Employers who pay the employee regular wages regularwagesfortheworkweek,butiftheemployeeduring jury duty are entitled to be paid the amount the employee misses a full week, no pay is due for that week. Regularwas paid for jury dutyyippee an extra $6 a day!wages means the standard salary for the week, but does not include performance bonuses or services performedDo employees have to give notice: There is no law that requires on any day the employee would not have earned wages,employees to give notice to the employer of jury service. For such as a scheduled day off. (See the sections on Overtimethisreason,itisimportanttohaveapolicyinstructingthe and Exemptions from Overtime for more guidance on whatemployee to give notice as soon as possible. If they dont, you exempt means.) can discipline or fire them for failing to give adequate notice andSalaried and Hourly Non-exempt Employees: Employersreasonable time for you to react.do not have to pay the wages of non-exempt employees during jury service. Whatpenaltiesisanemployersubjecttoforaviolationof jury duty? Criminally, an employer may be on the hook for aTemporary Employees: Employers are not required to payClass B Misdemeanor if it threatens, coerces, or terminates an temporary or seasonal workers for jury service. Further, theemployee over jury duty. In civil court, an employer may be liable job protection provisions of the laws do not apply to thesefor reinstatement and damages between one and five years workers. compensation. 75'