An Overview of Jury Service and Employment Law Rights in Florida

The willingness to step forward and serve on a jury when called is an important duty for all Floridians. It helps to ensure that important legal decisions are made by a diverse group of representative citizens rather than solely by government officials. Indeed, it is a fundamental civic duty. Of course, trials happen during the day—and many people have to work. For that reason, Florida has employment protections in place for people called to sit on a jury. In this article, you will find a comprehensive overview of jury service and employment law protections in Florida.

An Overview of Jury Service Requirements in Florida 

Jury service is both a basic civic duty and actual legal obligation in Florida. To qualify to serve on a jury, a person must be at least 18 years old, an American citizen, and a legal resident of both Florida and of the county where they have been summoned. Though, certain people are not eligible despite meeting those requirements, such as convicted felons who have not had their rights restored.

Note: Excusal from jury duty may be granted under specific, case-by-case circumstances, such as financial hardship, active military service, and other responsibilities.

 Know the Law: Florida Statutes § 40.271 (Jury Service and Employment)

With an understanding that being called to serve on a jury can be disruptive to a person’s professional obligations, Florida has employment protections in place. The key law is Florida Statutes § 40.271. Here are three of the most important points that employers and employees should know about Florida’s employment law for jury service:

• Employers Cannot Punish Worker for Serving on Jury: Florida law prohibits employers from retaliating against employees for fulfilling their civic duty by serving on a jury. An employer cannot fire, threaten, or otherwise penalize a worker who takes time off to respond to a jury summons. Retaliation for serving on a jury is strictly illegal.
• Employers May Be Required to Give Paid Leave: Although Florida law does not require employers to pay workers during time off for jury service, some counties and local governments have ordinances with such requirements. For example, Broward County requires employers located or doing business within the county who have employees summoned to jury service in Broward Conty to pay a full-time employee up to five days of pay when they are reporting for jury duty, serve as a juror or on a venire panel. Miami-Dade County also requires employers with at least ten employees to pay full-time employees during days they serve as a juror or venireman provided they give a copy of the summons to their supervisor at least 4 working days prior to the jury service. The employer may deduct the statutory fees the employee is paid for jury service. Check your applicable county or local government for any such requirements. Also, some employers voluntarily offer paid time off for jury service as part of their benefits package—but this is not mandated by state law. Though, employees are permitted to use accrued paid time off.
• Employees Entitled to Actual Damages and Punitive Damages: If an employer unlawfully retaliates against an employee for serving on a jury, the worker may be entitled to financial compensation. Actual damages can include lost wages, benefits, and other financial losses resulting from wrongful termination or disciplinary action. Florida law also expressly allows employees subject to this type of retaliation to pursue compensation for punitive damages.

 Get Help to an Employment Lawyer in Florida 

Employment law is complicated. If you are an employer or employee with any specific questions about the jury service laws in Florida, professional guidance and support is available. Contact a Florida employment lawyer for a fully confidential, no obligation consultation.