No, private employers in California are not required to pay for jury duty in California. State law protects your job while you serve, but it does not require your employer to keep your paycheck running. Whether you’re paid during service depends on your employer’s own policy, your classification as exempt or non-exempt, and whether you work in the public or private sector.
The Default Rule for Private Employers
No California statute requires private employers to compensate workers for jury duty absences.1Judicial Branch of California. Employer Information That default applies to hourly workers and to salaried non-exempt employees alike. Many employers do offer paid jury leave as a company benefit, sometimes for a capped number of days and sometimes for the full length of service. Check your employee handbook or ask HR before you assume you’ll be going without a paycheck.
Salaried-Exempt Employees Are Treated Differently
If you’re classified as exempt under federal wage law, your employer generally cannot dock your salary for a partial-week absence caused by jury duty. The Fair Labor Standards Act’s salary-basis rule says an exempt employee must receive the full weekly salary for any week in which they perform any work. A few days away for jury service doesn’t change that.2eCFR. 29 CFR 541.602 – Salary Basis
There is one offset the employer can apply. If the court pays you a daily juror fee, your employer may subtract that amount from your salary for the same week without violating the salary-basis requirement.2eCFR. 29 CFR 541.602 – Salary Basis So if the court pays you $15 on Thursday and $15 on Friday, your employer can reduce that week’s check by $30. If you’re salaried-exempt and your employer is deducting full days of pay for jury service, that’s worth raising with HR.
Government Employees
California state employees receive their regular pay during jury duty under Government Code Section 19331, which authorizes paid jury duty leave. The tradeoff is that a state employee who receives full compensation must waive the daily juror fee from the court, and California’s superior courts have state workers complete a fee waiver form confirming they’re paid by their agency.3California Department of Human Resources. 2117 – Jury Duty Most local government and federal employers take a similar approach, though specific policies vary by agency.
What the Court Pays You
The court’s juror fee is modest and will not replace a working wage. California pays $15 per day for each day of attendance after the first day, plus $0.34 per mile for travel to and from the courthouse, also starting after day one.4California Legislative Information. California Code of Civil Procedure CCP 215 Your first day comes with no court compensation at all. A five-day trial would pay you $60 in daily fees, plus mileage after the first day. These rates haven’t been raised in over two decades, and a 2023 bill to increase pay for low-income jurors was vetoed by the governor.
Federal jury duty pays better: $50 per day in federal court, with the rate increasing after ten days of service.
Can You Use PTO to Cover the Time?
If your employer doesn’t pay for jury duty, you can choose to use accrued vacation, personal leave, or PTO to keep your paycheck intact. The decision is yours. Your employer cannot force you to burn PTO for a jury duty absence. If you’d rather take the time unpaid and preserve your vacation balance, that’s your call.
This tracks with how California treats accrued vacation generally. The state views it as earned wages, not a benefit the employer can direct the use of. So the choice to spend that balance during jury service stays with you.
Your Job Is Protected Even When Your Paycheck Isn’t
The real force of California’s jury duty law is in its anti-retaliation protections. Under Labor Code Section 230, your employer cannot fire, threaten, demote, suspend, or discriminate against you for taking time off to serve on a jury. The protection covers both trial juries and inquest juries, and it extends to time off needed to appear in court under a subpoena.5California Legislative Information. California Labor Code 230
These protections apply once you give your employer reasonable advance notice and present your summons.1Judicial Branch of California. Employer Information You don’t need permission. Jury duty is a legal obligation, and your employer’s role is to let you fulfill it without penalizing you. Your employer can ask to see the summons, and after service it’s worth getting documentation from the court confirming the dates you served, since some employers require that before processing leave.
What to Do If Your Employer Punishes You for Serving
If your employer fires, demotes, or otherwise retaliates against you for jury service, California law entitles you to reinstatement and reimbursement for lost wages and benefits. An employer who willfully refuses to rehire or restore an employee after a finding of eligibility can be charged with a misdemeanor.5California Legislative Information. California Labor Code 230
You have two paths. You can file a retaliation complaint with the California Labor Commissioner’s Office (the Division of Labor Standards Enforcement) under Labor Code Section 98.7. The agency can investigate and order your employer to reinstate you and pay back wages.6California Department of Industrial Relations. File a Claim or Complaint Or you can file a civil lawsuit directly, seeking the same remedies plus any additional damages the court finds appropriate.
Federal jury service carries its own protection. Under 28 U.S.C. ยง 1875, an employer who retaliates against a federal juror faces a civil penalty of up to $5,000 per violation, and the court can order reinstatement, lost wages, and community service. In a successful claim, the court may appoint counsel on your behalf and award attorney’s fees.7Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment