Can my employer pay me out of my vacation/sick pay for jury duty?

UPDATED: Mar 19, 2012

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Can my employer pay me out of my vacation/sick pay for jury duty?

I had jury duty was selected for trial and gone from work for 2 days. My employer is paying me for those 2 days out of my earned vacation/ sick pay. Can she do that?

Asked on March 19, 2012 under Employment Labor Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your employer cannot unilaterally deduct your vacation and sick pay for time off while you are in a jury trial as a presumed juror without your written consent. Under the laws of all states, the employer/employee manual assuming a given employer has one determines what benefits one has an an employee.

Under the law, an employer must give an employee time off for jury duty. However, under the law, the employer is not required to pay his or her employee wages for time off as a juror unless the office policy manual states so. What your employer has done is not legally permissible from what you have written.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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