Can my job deny me time off to appear in court when I have a subpoena?

My employer isn’t giving me time off to appear in court when I have a subpoena,
what can I do.

Asked on June 9, 2016 under Employment Labor Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An employer cannot refuse to give you time off from work to go to court if you have been served with a subpoena. A subpoena is an order to appear in court at a set time, date and location. Failure to obey, can subject the person to a charge of contempt of a court which can carry jail time and/or fines.
If an employer denied a subpoenaed employee time off of work to attend court, it is in violation of labor/criminal laws. That having been said, an employer is not required to pay a worker for the time off or it can compel them to use a vacation time to cover it.


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