Jury Duty

Training for: Legal Notes

Question: One of our employees has been summoned for jury duty. What are our legal obligations as an employer?

Answer: Employers are not required to pay employees while they are on jury duty, but an employer cannot discharge an employee or terminate their health insurance coverage or threaten or otherwise coerce an employee with respect to employment or health insurance coverage if the employee is summoned and serves as a juror or attends court for prospective jury service (see 14 M.R.S.A. § 1218).

Any violation of this law is a Class E crime. Also, any employee who is discharged or whose health insurance is terminated in violation of this law may sue civilly for the recovery of wages or health insurance benefits lost and for a court-ordered reinstatement of the employee. If the employee prevails, the employee is also entitled to reasonable attorney’s fees.

The law applies to all employers in Maine, both public and private, and regardless of the number or type of employees.

Although employers are not legally required to pay employees while on jury duty, many do so voluntarily, at the employee’s regular rate of pay, to prevent the financial hardship that jury duty may otherwise impose on employees. Where this is the practice, it should be memorialized in the employer’s personnel policy. The policy should also require employees to turn over to the employer all jury service compensation (now $15 per day, see 14 M.R.S.A. § 1215) immediately upon receipt.

Incidentally, Maine’s jury laws were amended this year to eliminate the longstanding exemption of judges, attorneys, sheriffs, physicians, dentists and veterinarians from jury duty (see PL 2017, c. 275, eff. Nov. 1, 2017). Only the Governor and active duty military are now exempt. (By R.P.F.)

Question: One of our employees has been summoned for jury duty. What are our legal obligations as an employer?

Answer: Employers are not required to pay employees while they are on jury duty, but an employer cannot discharge an employee or terminate their health insurance coverage or threaten or otherwise coerce an employee with respect to employment or health insurance coverage if the employee is summoned and serves as a juror or attends court for prospective jury service (see 14 M.R.S.A. § 1218).

Any violation of this law is a Class E crime. Also, any employee who is discharged or whose health insurance is terminated in violation of this law may sue civilly for the recovery of wages or health insurance benefits lost and for a court-ordered reinstatement of the employee. If the employee prevails, the employee is also entitled to reasonable attorney’s fees.

The law applies to all employers in Maine, both public and private, and regardless of the number or type of employees.

Although employers are not legally required to pay employees while on jury duty, many do so voluntarily, at the employee’s regular rate of pay, to prevent the financial hardship that jury duty may otherwise impose on employees. Where this is the practice, it should be memorialized in the employer’s personnel policy. The policy should also require employees to turn over to the employer all jury service compensation (now $15 per day, see 14 M.R.S.A. § 1215) immediately upon receipt.

Incidentally, Maine’s jury laws were amended this year to eliminate the longstanding exemption of judges, attorneys, sheriffs, physicians, dentists and veterinarians from jury duty (see PL 2017, c. 275, eff. Nov. 1, 2017). Only the Governor and active duty military are now exempt. (By R.P.F.)