Jury Duty and Court Attendance Leave Law Summaries
Massachusetts, Jury Duty and Court Attendance Leave Law Summaries
Massachusetts' jury duty leave law is located in the Annotated Laws of Massachusetts at Part IV, Title I, Ch. 268. Compensation-related issues are located at Part III, Title II, Ch. 234a. There are also rules that apply to certain state employees.
Massachusetts Governor Deval Patrick has signed an executive order establishing a policy of zero tolerance for sexual assault and domestic violence in state employment. Leave provisions are included (Executive Order No. 491, October 31, 2007).
WHAT THE EMPLOYER MUST DO
Employers (private and public) cannot discharge an employee or deprive an employee of employment because of the employee's attendance or service as a grand or traverse juror in any court (Sec. 14A).
Each regularly employed trial or grand juror must be paid regular wages by his or her employer for the first three days, or part thereof, of juror service. Regular employment includes part-time, temporary, and casual employment as long as the employment hours of a juror reasonably may be determined by a schedule or by custom and practice established during the three-month period preceding the term of service of such juror (Sec. 48).
The court has authority to excuse an employer from the duty to compensate a juror-employee for the first three days, or part thereof, or trial or grand juror service upon a finding that extreme financial hardship would be imposed upon the employer if such duty were not removed. If an employer is so excused, the court will award reasonable compensation in lieu of wages to the juror to be paid to the commonwealth for the first three days, or part thereof, of juror service. Such award must not exceed $50 per day of trial or grand juror service. The hearing on the employer's extreme financial hardship must occur no later than 30 days after the tender of the juror service certificate to the employer (Sec. 49).
A juror, including a standby juror on telephone notice, will not be compensated by the commonwealth or credited with a day of service except for days on which the juror actually appeared as directed to perform juror service, unless provided otherwise in this chapter. A juror who is absent from service because of serious illness or other compelling reason will be credited with a day of juror service. Jurors will not be compensated by the commonwealth nor credited with a day of service for a holiday or for business day on which a trial has been adjourned except as provided below. An employed juror who will lose compensation for a holiday because he or she is performing juror service or who will not be permitted to return to work during an unexpected adjournment may be awarded credit for a day of service or may be awarded reasonable compensation, not exceeding $50 per day, by the court upon a finding that financial hardship would be imposed upon the juror in the absence of such an award. An alternate juror will receive the same payments and reimbursements from his or her employer and the commonwealth as a juror. A standby juror may be reimbursed by the court or the office of jury commissioner for reasonable telephone and travel expenses incurred as a result of the performance of the conditions of standby status even though the standby juror may not perform juror service. Such reimbursement may not exceed $50 per day (Sec. 55).
State employees.- Employees and managers employed in the Executive Branch of the Commonwealth whose positions are classified by the Personnel Administrator and who are called for jury duty must be granted court leave. Notice of service must be filed with the appointing authority upon receipt of summons. This applies to both full and regular part-time employees (Rules 1.04 and 7.01, effective November 18, 1999).
If jury fees received by an employee from the court equal or exceed the employee's regular rate of compensation, the employee may retain the excess of such fees and must turn over to the appointing authority the regular rate of compensation with a court certificate of service and will be deemed to be on leave of absence with pay (Rule 7.02, effective November 18, 1999).
Employees who are summoned to appear as witnesses on behalf of the Commonwealth, or any town, city or county of the Commonwealth, or on behalf of the federal government, must be granted court leave. Notice of service must be filed with the appointing authority upon receipt of the summons. Employees who are on court leave for this purpose and who receive witness fees for services during their regular office hours must pay those fees to the Commonwealth (Rule 7.03, effective November 18, 1999).
If an employee is summoned to appear as a witness because of the duties of an additional position with a public jurisdiction other than the Commonwealth, the employee will not be granted court leave (Rule 7.03, effective November 18, 1999).
Court leave will not be granted when an employee is the defendant, is summonsed as a witness for a defendant (except as in Rule 7.03 above) or is engaged in personal litigation (Rule 7.04, effective November 18, 1999).
If an employee is called for jury duty or witness service and such jury duty or witness service occurs during the employee's vacation, the employee need not pay those fees to the Commonwealth (Rule 7.05, effective November 18, 1999).
Expenses reimbursed for travel, meals, room hire, etc., for the purpose of jury duty or witness service may be retained by the employee and will not be considered as part of the jury or witness fees (Rule 7.06, effective November 18, 1999).
When an employee has been granted court leave for jury duty or witness service, and is executed by proper court authority, the employee must report back to official place of duty whenever the interruption in jury duty or witness service will permit four or more consecutive hours of employment (Rule 7.07, effective November 18, 1999).
Court leave does not affect employment rights, opportunities or benefits (Rule 7.08, effective November 18, 1999).
Note: These rules do not apply to those employees covered by specified collective bargaining agreements, or whose compensation or expenses while performing their duties is expressly provided for by law in a manner other than that provided by these rules (Rule 1.04, effective November 18, 1999).
Executive Order No. 491 (Policy of zero tolerance for sexual assault and domestic violence in state government employment).- Public employees shall be entitled to be absent from work for up to 15 days per year for purposes of attending legal proceedings or carrying out other necessary activities, where such activities result from domestic violence or stalking and the employee is not the abuser, or where such activities result from sexual assault inflicted upon the employee or upon the employee's children where the employee is not the abuser. Such absences shall be paid, and shall be in addition to any other vacation time, personal time, or other paid leave time to which the employee is entitled (Executive Order 491, October 31, 2007).
PENALTIES
Violation of Massachusetts' jury duty leave law by an employer will be a contempt of the court upon which such employee is or has been in attendance or in which the employee is or has been serving as a grand or traverse juror (Sec. 14A).
<p>Violation of Massachusetts' jury duty leave law by an employer will be a contempt of the court upon which such employee is or has been in attendance or in which</p>
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