Does My Employer Have to Pay Me During Jury Duty? State Laws (2026)

The Federal Reality: No Mandate, Only Protection

One of the most common misconceptions in American labor law is that "jury duty pay" is a universal right. It is not. The federal government, through the Jury System Improvements Act of 1978, ensures that you cannot be fired for serving, but it stops short of requiring your boss to pay your salary.

Why is there no federal mandate? Under the 10th Amendment, most powers not delegated to the federal government—including many employment regulations—are reserved for the states. This is why we see a "patchwork quilt" of laws where a worker in Alabama gets full pay for weeks, while a worker in Georgia might receive $0 from their employer.

The "Exempt Employee" Exception: FLSA Rules

Even if your state doesn't require pay, you might still be entitled to it under the Fair Labor Standards Act (FLSA) if you are a "salaried exempt" employee. This is a critical legal "hack" for professionals, managers, and administrative workers.

• The Rule: If an exempt employee works any portion of a work week, the employer cannot deduct from their salary for absences caused by jury duty.
• The Catch: The employer can deduct for a full week of absence if the employee performs zero work.
• The Strategy: To ensure your salary stays intact, many salaried employees answer a few emails or take a short business call on Monday or Friday of their jury week. This "work performance" triggers the FLSA requirement for the full week's salary.

The 9 "Required Pay" States

As of 2026, only a handful of jurisdictions have prioritized juror compensation by passing mandatory pay statutes. If you work in one of these states, your employer is legally obligated to keep your paycheck flowing.

1. Alabama: The Most Robust Protection

Under Ala. Code § 12-16-8.1, any full-time employee is entitled to their usual compensation for the entire duration of their service. Unlike other states, there is no "first 3 days" limit. If a trial lasts for six months, an Alabama employer must pay for six months.

2. Nebraska: Full Salary Retention

Nebraska (Neb. Rev. Stat. § 25-1640) also requires full salary for the duration of service. However, Nebraska allows the employer to deduct any amount the employee receives as juror fees from the court (excluding mileage).

3. New York: The $72 Minimum

New York (Judiciary Law § 519) requires employers with 11 or more employees to pay at least $72 per day for the first three days of service. After that, the state takes over the payment. Small businesses (10 or fewer) do not have this requirement.

4. Massachusetts: Employers Pay First 3 Days

Massachusetts law (G.L. c. 234A, § 48) requires employers to pay the "regular wages" of any employee for the first three days of jury service. From day four onward, the state pays $50 per day.

2026 Comprehensive State-by-State Pay Table

Below is the detailed breakdown of employer requirements across the largest jurisdictions. For a full list of all 50 states, use our State Lookup Tool.

State	Employer Pay Required?	Special Conditions
California	No	Must provide unpaid leave; cannot require PTO use.
Texas	No	Employer can choose to pay, but not forced.
Florida	No	No state law for pay; counties (like Miami-Dade) may vary.
Colorado	Yes	First 3 days, up to $50/day (State can waive hardship).
Connecticut	Yes	Full pay for the first 5 days.
Tennessee	Yes	Full pay for entire service, minus juror fees.

The "PTO Trap": Can They Force You to Use Vacation Days?

This is a major point of contention. In states like California, an employer cannot require you to use your accrued vacation or sick leave for jury duty. In other states, employers can force you to "burn" your PTO if you want to get paid.

Note for 2026: Check your employee handbook. If your company policy says "Jury duty is an excused absence without pay," they can usually offer you the choice to use PTO, but they shouldn't coerce you unless the state law allows it.

Union Workers & Collective Bargaining (CBA)

If you are a member of a union (Teamsters, SEIU, UAW, etc.), your Collective Bargaining Agreement likely provides jury duty pay that far exceeds your state's legal requirements. Most union contracts mandate full salary for 10–30 days of service. If you are a union worker, your first call should be to your shop steward, not the court's website.

Step-by-Step: What to Do If Your Employer Refuses to Pay

If you work in a state like Alabama or New York and your employer refuses to pay your mandated wage, follow these steps:

1. Cite the Statute: Send an email to HR with the specific state code (e.g., "Under NY Judiciary Law § 519..."). Many small businesses simply don't know the law exists.
2. Request "Jury Duty Pay" Specifically: Don't just ask for "time off." Use the formal term so it's logged in accounting.
3. Contact the State DOL: File a wage claim with your state's Department of Labor. This is a free service.
4. Consult an Attorney: If the refusal is part of a larger retaliatory effort (e.g., cutting your hours), you may need a labor lawyer.

Fortune 500 Voluntary Pay Statistics

Even where not required, big business is surprisingly generous with jury pay:

• Google & Apple: Provide unlimited paid jury leave for all permanent employees.
• Walmart: Provides up to 10 days of paid leave.
• Hospitals & Government: Full pay is almost always provided to nurses, doctors, and public servants.

Expanded FAQ on Employer Pay Laws