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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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