Jury Duty Leave Explained: Pay, PTO, and Compliance for Employers

GovCon Wednesdays – Estimated Read Time: 6 minutes

Jury duty is one of those areas where compliance, payroll, and employee expectations all intersect—and where many companies unintentionally get it wrong.

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.

For government contractors especially, how you handle jury duty leave doesn’t just impact HR—it can affect timekeeping, indirect rates, and audit readiness.

Understanding the Federal Baseline

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

For exempt (salaried) employees, 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.

For non-exempt (hourly) employees, 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—and audit risks—begin.

Where PTO Policies Come Into Play

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

The answer is: it depends on your location.

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 Alabama, Arizona, Arkansas, Indiana, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, New York, Ohio, Oklahoma, Oregon, Utah, and Virginia. In these jurisdictions, an employee must be granted a leave of absence without dipping into their earned benefits.

Why State Laws Change the Equation

State laws often introduce “layering” requirements that go beyond the federal baseline.

• Mandatory Pay: Ten states (plus the District of Columbia) require some form of mandatory pay for jury service. In Alabama and Nebraska, full-time employees must receive their usual compensation for the duration of the service. New York recently increased its requirement, and as of June 2025, employers with more than 10 employees must pay at least $72 per day for the first three days.
• Work Shift Protections: In Maryland and Virginia, if an employee serves on a jury for 4 or more hours (including travel time), the employer cannot require them to work a shift that starts after 5:00 p.m. that day or before 3:00 a.m. the following day.
• Penalties: Non-compliance isn’t just an HR headache; it can be criminal. In states like California, New York, and Massachusetts, failing to allow time off or penalizing a juror can lead to criminal contempt of court charges, significant fines, and even jail time.

The GovCon Perspective: More Than Just HR

For government contractors, jury duty leave extends into the realm of cost accounting and DCAA audit readiness.

Under Cost Accounting Standard (CAS) 408, contractors must ensure consistency in the measurement and allocation of compensated personal absences. If jury duty time is inconsistently tracked or misclassified—for example, charged to a direct project instead of an indirect fringe pool—it can raise red flags during a labor floor check or an incurred cost audit.

Effective policies treat jury duty as an indirect cost within the fringe benefit pool. This ensures that the costs are equitably allocated across all contracts, maintaining the “reasonableness” and “allowability” required by FAR 31.205-6.

A Practical Scenario

Consider a salaried employee called for jury duty for two weeks.

1. If they work Monday morning and serve the rest of the week, they get their full salary.
2. If they serve the entire second week and perform zero work, federal law does not require payment, but state law (like Alabama’s) might mandate full compensation anyway.

If a contractor fails to document this properly, a DCAA auditor may question the “allocation base” or the “fringe rate” calculation, potentially leading to questioned costs.

Building a Policy That Actually Works

The most resilient jury duty policies balance compliance with operational clarity by:

• Distinguishing clearly between exempt and non-exempt rules.
• Mapping statutory requirements to the specific states where employees work.
• Establishing a dedicated charge code in timekeeping systems to ensure indirect cost pool accuracy.

Based on our experience, the biggest risk isn’t the cost of the leave itself—it’s the failure of internal controls. Organizations that fail to maintain documented, state-compliant policies often face unnecessary legal exposure and audit findings that could have been easily avoided.

👉 VSINGH CPA helps government contractors implement policies that are not only compliant—but audit-ready.

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