How do employers handle jury duty for employees who work the night shift?

Both federal and state laws include protections for employees required to serve on a jury. Once these legal obligations are known, employers will be equipped to establish a policy on jury duty leave. Such policies typically address whether compensation will be provided during jury service, the leave notice required and what employees should do if they are dismissed from jury service earlier than expected.

Employees who work the night shift would be asked to serve on a jury when they would normally be sleeping. Employers should evaluate whether their policy allows for some rest before reporting to work. For example, consider an employee who is scheduled to work Monday through Friday from 11 p.m. to 7 a.m. The employee works from 11 p.m. Monday evening until 7 a.m. Tuesday morning and is then required to report for jury duty on Tuesday from 9 a.m. until 5 p.m. An employer's policy will determine if the employee will be required to return to work on Tuesday evening at 11 p.m. Safety in the workplace and while traveling to and from work may be of concern, as may be the reduced productivity of an employee who has not had the opportunity to get adequate sleep. To avoid these potential issues, employers might consider providing a day of recovery following jury service for night-shift employees. State laws should also be considered when setting company policy in these circumstances. For example, an employee in Connecticut who serves on a jury for eight hours is considered to have worked a full day and may not be compelled by his or her employer to work additional hours on that day.