{"id":183,"date":"2026-04-10T08:00:36","date_gmt":"2026-04-10T08:00:36","guid":{"rendered":"https:\/\/www.vsinghcpa.com\/blog\/?p=183"},"modified":"2026-04-14T19:13:38","modified_gmt":"2026-04-14T19:13:38","slug":"jury-duty-leave-explained-pay-pto-and-compliance-for-employers","status":"publish","type":"post","link":"https:\/\/www.vsinghcpa.com\/blog\/jury-duty-leave-explained-pay-pto-and-compliance-for-employers\/","title":{"rendered":"Jury Duty Leave Explained: Pay, PTO, and Compliance for Employers"},"content":{"rendered":"

GovCon Wednesdays \u2013 Estimated Read Time: 6 minutes<\/strong><\/p>\n

Jury duty is one of those areas where compliance, payroll, and employee expectations all intersect\u2014and where many companies unintentionally get it wrong.<\/p>\n

At first glance, it seems simple: an employee is called to serve, and the company adjusts. But once you factor in salary rules, PTO policies, and state-specific requirements, the situation becomes far more nuanced.<\/p>\n

For government contractors especially, how you handle jury duty leave doesn\u2019t just impact HR\u2014it can affect timekeeping, indirect rates, and audit readiness.<\/p>\n

Understanding the Federal Baseline<\/h3>\n

At the federal level, the Fair Labor Standards Act (FLSA), administered by the(https:\/\/www.dol.gov\/general\/topic\/benefits-leave\/juryduty<\/a>) , provides the foundation for how jury duty is treated.<\/p>\n

For\u00a0exempt (salaried) employees<\/strong>, the rules are strict. Under the “salary basis rule,” if an employee performs any work during a workweek, they must receive their full weekly salary. Employers cannot reduce pay because of jury duty service, although they are permitted to offset the employee’s salary by any jury fees the court pays.<\/p>\n

For\u00a0non-exempt (hourly) employees<\/strong>, federal law does not require employers to pay for time not worked. Whether these employees are paid depends almost entirely on state law or internal company policy. This distinction is where many payroll inconsistencies\u2014and audit risks\u2014begin.<\/p>\n

Where PTO Policies Come Into Play<\/h3>\n

One of the most common questions employers ask is whether they can require employees to use paid time off (PTO) to cover jury duty.<\/p>\n

The answer is: it depends on your location.<\/p>\n

As of 2026, eighteen states explicitly prohibit employers from requiring employees to use accrued vacation, sick, or personal leave for jury service. These states include\u00a0Alabama, Arizona, Arkansas, Indiana, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, New York, Ohio, Oklahoma, Oregon, Utah, and Virginia<\/strong>. In these jurisdictions, an employee must be granted a leave of absence without dipping into their earned benefits.<\/p>\n

Why State Laws Change the Equation<\/h3>\n

State laws often introduce “layering” requirements that go beyond the federal baseline.<\/p>\n