Jury Duty Leave in California

Jury duty leave provides a paid or unpaid absence from work when an employee is expected to report for any jury duty. The law mandates the availability of the jury duty. Thus, employers in California are required by the law to provide an employee with time off from work to perform their civic duty.
When summons to jury duty happens at a time when the employer experiences a significant impact from the loss of the employee, the employer might write a letter to the court. Therefore, the court will then consider both the employee and the employer’s request concerning the postponed jury duty on a case by case basis.

What are the pros?
• It is a judgment that is acceptable to the general public
• The policy plan always protect Jurors
• It provides certainty on the outcome of the jury trial irrespective of decision from the verdict.
What are the cons?
• Lengthy trials tend to create hasty verdicts.
• Most of the juries are not just selected randomly.
• In most cases, jurors lack the solid background in law.

What are Frequency Asked Questions about Jury Duty Leave in California?
1. How can I earn my vacation?
Paid leave in California is a form of wage earned when labor is done. Employer’s leave plan tend to provide earning of vacation benefits on a daily, weekly, pay period, or other period bases.
2. Can my employer tell me when I can take my leave?
Yes, the employer has a legal mandate to manage vacation pay responsibilities. Thus, this can be done by controlling the time of vacation and the amount of leave taken at any given time.
3. Leaves are only meant for full-time employees, is this legal?
Yes, it’s legal. The policy is very clear-if employer’s vacation plan excludes some classes of employees like temporary, part-time, probationary, casual among others, then such a provision is considered valid governed by the agreement.
4. One will lose the unused balance of the annual vacation entitlement when the year ends. Is this legal?
No, such employer’s provision isn’t legal. Vacation pay in California is a form of wage that vests while it is earned. So an employee is invested with rights regarding wages. So losing such balance is an illegal policy under the California law and similarly not recognized by the Labor Commissioner.

Conclusion
With genuine reasons, the employer’s leave plan may be difficult to be understood by the ordinary person. However, that should not prevent someone from benefiting from it because some experienced attorneys can offer help. so in case of an opportunity, contact UELG (united employees law group) for precise and clear guidance about the leave policies and the procedure of the whole process.

 

 

Photo Credit: Shutterstock/blurAZ