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If you have ever been called for jury duty, received a subpoena, or had to appear in court for a personal matter, you may have wondered: “Does my boss have to let me go?” Under federal and Florida employment law, the answer depends on why you are going to court.
Jury Duty: Protected Time Off
If you have been summoned for jury duty, your employer must allow you time off.
A Florida employee called for jury duty in a Florida court is protected by Florida Statute 40.271, which prohibits employers from dismissing employees for serving on a jury. If you are fired because of jury service, you can file a lawsuit against your employer for compensatory and punitive damages, as well as attorney’s fees. Individual agents of an employer – like your boss – who terminate or even threaten to terminate, employees can be held in contempt of court.
A Florida employee called for federal jury duty has even stronger protections under 28 U.S.C. § 1875. This federal law makes it illegal not only for an employer to discharge an employee for serving on a jury, but also prohibits intimidation and coercion because an employee is serving, or has served, on federal jury duty. If your employer violates this statute, you can sue for reinstatement, back pay, attorney’s fees, and punitive damages. Your employer may also face civil penalties.
Employers are not required by law to pay employees for time spent on jury duty. However, some employers have a policy to continue paying employees on jury duty, or payment may be required under an employment contract or a collective bargaining agreement.
Subpoenaed as a Witness: You May Be Protected
Under Florida law, if you are subpoenaed to testify as a witness in court, your employer must allow you time off. This protection, however, does not apply if you voluntarily choose to testify in court, or if you are subpoenaed to testify, but not in court (such as at a deposition).
Under Florida Statute 92.57,Florida employers cannot terminate employees for obeying a lawful subpoena to testify in court. This means that if you are required to testify in a court case, your employer cannot terminate you because of what you say under oath in court, or because you were absent from work to testify.
Your employer is not required to give you leave unless you are actually subpoenaed to court. If you voluntarily agree to testify without a subpoena, you lose this job protection. Therefore, even if you are willing to go to court and testify on behalf of a party, you should ask for a subpoena.
Also, job protection only applies when you are subpoenaed to testify in court. If you are subpoenaed to give testimony, but not in an actual courtroom before a judge (such as at a deposition), you are not entitled to job protection under Florida Statute 92.57. However, failing to show up for any proceeding when you are subpoenaed can subject you to penalties and contempt proceedings! This puts an employee in a real dilemma. If this happens to you, you should seek legal advice for how to handle the situation and protect your rights.
Neither federal nor Florida law requires employers to pay you if you must take time off to testify in court, but the party calling for your testimony will have to pay your mileage and may have to pay you a fee for your attendance.
Victims of Domestic or Sexual Violence: You Have Specific Rights Under Florida Law
If you are a victim of domestic or sexual violence, and you work for an employer in Florida with 50 or more employees, you’re entitled to up to three days of leave per year to get a restraining order or attend court proceedings. Your employer cannot fire, demote, or discipline you for taking this leave.
You must have worked for the employer for at least 3 months, and you must give your employer advance notice of your need for leave unless there is an imminent danger or emergency. The leave is unpaid unless otherwise provided by the employer, and your employer may require documentation to support the request for leave.
Going to Court for Personal Reasons: It Depends
If you are a party in a lawsuit, a traffic hearing, or a criminal case, Florida law does not require your employer to let you go to court. Unless you qualify for protected leave under other laws, your employer can count your absence as unexcused and even take disciplinary action against you.
For example, if you are a defendant in a misdemeanor case and need to appear in court during work hours, your employer is not legally obligated to accommodate your schedule. If you miss work without permission, you could be written up, suspended, or even terminated. Likewise, if you’re involved in a civil case like a divorce, child custody matter, or small claims dispute, your employer may treat your court appearance as personal business, not a legal right to leave.
That said, many state and federal laws include anti-retaliation provisions that could protect an employee from losing their job if they must go to court, such as state and federal discrimination laws that prohibit an employer from taking adverse action against an employee for participating in an enforcement proceeding. These protections may apply whether you are a party to the enforcement action, or testifying as a witness.
What You Can Do
If you need time off work to go to court, know your rights!
- Check your employee handbook or employment contract for court-related leave policies.
- Notify your employer in writing as soon as you know you need time off.
- Document everything, especially if you’re facing retaliation.
If your employer threatens your job or retaliates against you for fulfilling your civic duty, you can take action.
