Do we have to pay an employee who is out on jury duty?

Whether wages must be paid to an employee who takes time off for jury duty or witness service depends on the employee’s status as a nonexempt or exempt employee.

An employer is not required to pay a nonexempt employee’s wages while the employee serves on a jury or as a witness, unless the employer has a voluntary policy of providing pay. An employer policy may offer pay for several days or weeks off for employees who serve on a jury or appear as a witness.

Rather than take unpaid time off, a nonexempt employee may choose to use their accrued vacation or paid time off (PTO). An employer cannot require use of vacation or PTO