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Patrick, Esq.
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What is the law for employees that belong to the National Guard

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What is the law for employees that belong to the National Guard and take a leave for a week or two do we pay them their wages or we just hold their job?

Jury Duty: Do we pay employees exempt and non exempt for jury duty?

Valerie,

Thank you very much for your questions this afternoon. I hope your weekend is going well.

With regard to your first question, the Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects employees who take time off from their regular jobs for military service. The law does not require employers to pay the employees' wages while they are gone, but it does require employers to hold their jobs and to restore their position along with any promotions, raises, and other benefits they would have received had they worked through their time off. The law also prohibits employers from firing employees without cause for up to one year after they return from their military service.

With regard to your second question, non-exempt employees need not be paid while on jury duty. Exempt employes paid a salary, on the other hand, must be paid unless their absence is for more than one full week, in which case a pro rata deduction can be made. (i.e., if they are paid every two weeks and they miss exactly one full week, they can be paid half their regular salary). Employees serving jury duty are typically paid a small per diem by the State, and employers can deduct this from the ordinary wages the salaried employees are paid during their absence. (i.e., if an employee misses three days for jury duty, they must be paid their regular salary, but if they are getting $30/day, you can deduct $90 from their pay.)

As always, please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.

Customer: replied 3 years ago.

If we had a company policy that states non-exempt get paid for jury duty,will that be breaking any laws? That is what I am doing is updating a handbook.

Thanks fo your reply.

Employers are always free to pay employees when the law does not require them to do so. Thus, there would be absolutely nothing wrong with you paying non-exempt employees for time away for jury duty.

I hope this helps clarify. Please let me know if I can be of any further service with regard to the above. Enjoy your evening.
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