Is my employer required to pay me for time off due to a subpoena?

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Is my employer required to pay me for time off due to a subpoena?

I live in MS and work in TN.

Asked on July 27, 2011 Mississippi

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a summons to appear in court for jury duty as a possible juror, unless the employee handbook states you will be paid for attendance, your employer does not have to pay you for your time off work.

The same holds true for a subpoena to appear as a witness is a civil or criminal action. However, you employer is obligated by law to allow you to obey the summons for juty duty or the subpoena to attend trial.

The person serving you with the subpoena to attend trial as a witness most likely by statute has to pay you a witness fee (usually $35.00) as well as your mileage to court and back to home.


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