§38-34. Termination, removal or other adverse employment action for

409 words·~2 min read·/ok/title-38-jurors/38-34

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

employee’s jury service - Use of sick leave or vacation leave - Penalty - Postponement of service.

A. Any person who is summoned to serve as a juror and who notifies his or her employer of such summons within a reasonable period of time after receipt of a summons and prior to his or her appearance for jury duty may not be terminated, removed or otherwise subject to any adverse employment action as a result of such service.

B. An employee may not be required or requested to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury. Nothing in this provision shall be construed to require an employer to provide annual, vacation, or sick leave to such employees who otherwise are not entitled to such benefits under company policies.

C. Every person, firm or corporation who discharges an employee, causes an employee to be discharged, takes other adverse action against an employee or requires an employee to use sick, annual or vacation leave because of said employee’s absence from employment by reason of said employee’s having been required to serve as a grand, multicounty grand, or petit juror on a grand, multicounty grand, or petit jury shall be guilty of a misdemeanor and, upon conviction, shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00).

The provisions of this section shall not require an employer to pay an employee wages for the time the employee is absent from employment for jury duty unless the employee uses paid leave for that purpose. It shall be the decision of the employee whether to use paid leave or take leave without pay for absence from employment for jury duty.

D. A court shall automatically postpone and reschedule the service of a summoned juror who is employed by an employer with five or fewer full-time employees, or their equivalent, if another employee of that employer has previously been summoned to appear during the same period. Such postponement will not effect an individual’s right to one automatic postponement under Section 9 of this act. Added by Laws 1978, c. 142, § 1, eff. Oct. 1, 1978. Amended by Laws 1987, c. 99, § 15, eff. Nov. 1, 1987; Laws 2002, c. 134, § 1, eff. Nov. 1, 2002; Laws 2004, c. 525, § 10, eff. July 1, 2004.