So, you’ve just received an envelope in the mail. You bring it inside, open it, and see a Summons for Jury Service. You’ve heard your friends and family talk about receiving this letter and showing up to the courthouse, but you’ve never gotten one yourself until now. Suddenly, you have a million questions running through your mind: Where is this case being heard? What is it about? How long will it last? And, finally, how do I request enough time off from work without risking my employment? Complicating this question about requesting enough time off is the
uncertainty about how long the trial will last. This makes it difficult to request enough time off, and when the trial is extended to the point where an employee must request additional days, it can put them in a difficult position with their employer. Fortunately, Tennessee law protects employees who are summoned for jury duty. The Tennessee Code provides that employees must bring their jury summons to their immediate supervisor on the next work day, and their employer must excuse them for any jury requirement in Tennessee or United States court extending longer than 3 hours in one day. For employees who work the night shift, or shifts before the normal 9-5 workday,
they are excused from that shift immediately before their first day of jury duty, pursuant to the Tennessee Code. After that first day on jury duty, employees are excused from each shift that falls within 24 hours of the next day of jury services exceeding 3 hours. Any questions about qualifications for additional time off approvals are to be resolved by the courts, so be sure to contact our attorneys at King Law Offices to ensure that your employment rights are protected. Additionally, once the time off for jury duty has been excused, the Tennessee Code provides for employers to compensate their employees under their regular pay schedules, with the option to deduct any pay the employees have received from jury duty. Essentially, this means that, for each day that you are on jury duty for more than 3 hours, not only must your supervisor grant you leave, but he must also continue to pay you as usual. However, it is within the employer’s discretion to consider any pay you are making from jury duty and subtract that from your work’s paycheck to you. However, there are a couple of exceptions for employers. Employers do not have to pay their employees for more time than they actually spent serving on, and traveling to and from, jury duty.
Also, if the company employs fewer than five people on a regular basis, it is not required to compensate its employees on jury duty. Employees are also not entitled to compensation from their employer if they have been employed temporarily for fewer than 6 months. In order to qualify for the approved time off and continued employment compensation, jurors must obtain a statement indicating the hours spent on jury duty, and the amount they were paid for their services, from the staff member issuing jury duty payments. If you have recently received a Summons for Jury Service, or are in the process, or have completed jury duty in Tennessee, be sure to contact King Law Offices in western North Carolina or upstate South Carolina at (888) 748 – KING (5464) to navigate this process and ensure that your employment and compensation rights are protected.
How Do I Get Excused From Work When I Have Jury Duty in Tennessee?
