Is a salried employee entitledto be paid for time off due to being subpoenaed?

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Is a salried employee entitledto be paid for time off due to being subpoenaed?

My daughter is the salaried mgr of a retail store. She has been subpoenaed to appear in court for a period of 2 weeks (her daughter is victim in case). Her employer has stated that they will not pay her salary for those 2 weeks. Is this legal? She routinely works 50+ hours/week.

Asked on June 14, 2012 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, there is no obligation on the part of an employer to pay an employee for her lost time due to a subpoena. Your daughter should contact the court (the judge) and explain the situation and the hardship to her; it may be that she can get the subpoena modified, so that she only has to show up for a day or three, or only has to show up if/when called to testify, etc.


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