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JURY DUTY & WITNESS DUTY LEAVES


This information is intended to be a summary of laws and regulations applying to California employers. It should not be construed as legal advice. If further information is needed, please contact your labor attorney.

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Federal

Condition

California

Yes - All Employers

(28 U.S.C. Sec 1875)

Required?

Yes - All Employers

(Cal. Labor Code Sec 230)

Employer Choice

Paid/Unpaid?

Employer Choice

Employees summoned to serve on any court jury or appear as a witness in court or administrative proceedings.

Applies to?

Employees summoned to serve on any court jury or appear as a witness in court or administrative proceedings.

As long as required by the proceedings.

Duration?

As long as required by the proceedings.

Yes. Discharge or discipline for participation prohibited.

Guaranteed return to work?

Yes. Discharge or discipline for participation prohibited.

Same or similar position as was left, at same or similar pay, working same or similar hours in same or similar location.

Guaranteed job assignment?

Same or similar position as was left, at same or similar pay, working same or similar hours in same or similar location.

Copy of jury summons or witness subpoena.

Employer verification?

Copy of jury summons or witness subpoena.

Employee's lost wages and work benefits, $1,000 civil penalty per violation and other appropriate relief.

Penalties for failure to comply?

Reinstatement for employee, reimbursement for lost wages and work benefits.

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