Can My Employer Take My Jury Duty Check? A Comprehensive Guide
When you're called for jury duty, it's important to understand your rights and responsibilities regarding your employer. This guide will explore the various scenarios and policies in place to ensure clarity.
Employer Policy and Jury Duty Pay
Many companies have specific policies addressing jury duty. For example, if you're required to serve on a jury, your HR department may stipulate that you must remit the jury duty check to the company and they will compensate you for your regular wages during the service period. This was the case with my employer, who paid me a full 40-hour wage and required me to submit the jury duty check, along with proof I had served. If you're uncertain, consult your company's HR manual or speak with an HR representative.
Company Pay Policies
, even if the company is paying your minimum wage for the job you're on, the policy may allow for the jury duty pay to be redirected to the company. For instance, in the past, after unions were dissolved, this practice was rare unless the employer was compensated for a full 8-hour day, 5-day week for you being on jury duty. In such cases, the employer has a right to the jury duty stipend.
Local Jurisdictional Differences
Where I live, the local jurisdiction doesn't “pay” for jury duty; instead, they call the stipend a “meals and expenses reimbursement.” They issue a document stating that your employer has no claim on this stipend. This is a common practice in many areas.
Employment Agreement Considerations
Many employment agreements specify that the employer will compensate you for your jury duty service, often in exchange for the small stipend you receive. This can vary from company to company and country to country, so it's crucial to review your contract and HR policies to understand the specific terms.
Employee Rights and Options
When considering your employer's policy, it's important to understand your rights and options. You have three primary choices:
Keep the check and not be compensated by your employer for the day. Keep the check and take the day as vacation time. Turn in the check and be paid your regular salary for the day.If your employer is paying you your regular salary while you're away on jury duty, it's likely they will require you to sign over your jury duty paycheck. This is a common practice and aligns with many company policies.
Conclusion
Understanding the nuances of jury duty pay and employer policies is crucial. Whether your employer requires you to remit the check or takes no action, ensure that you are aware of your rights and responsibilities. If you have any doubts, consult your HR department or seek guidance from legal experts to ensure compliance and fairness.