Can my employer pay me out of my vacation/sick pay for jury duty?

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Can my employer pay me out of my vacation/sick pay for jury duty?

I had jury duty was selected for trial and gone from work for 2 days. My employer is paying me for those 2 days out of my earned vacation/ sick pay. Can she do that?

Asked on March 19, 2012 under Employment Labor Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your employer cannot unilaterally deduct your vacation and sick pay for time off while you are in a jury trial as a presumed juror without your written consent. Under the laws of all states, the employer/employee manual assuming a given employer has one determines what benefits one has an an employee.

Under the law, an employer must give an employee time off for jury duty. However, under the law, the employer is not required to pay his or her employee wages for time off as a juror unless the office policy manual states so. What your employer has done is not legally permissible from what you have written.


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