Idaho: Jury Duty Leave and Pay Requirements
The short answer
Idaho protects the job but not wages. An employer may not deprive an employee of employment, or threaten or coerce the employee about it, because the employee is summoned for, responds to, or serves jury duty. Violating the rule is criminal contempt (fine up to $300), and a discharged employee has 60 days to sue for treble the lost wages plus reinstatement and attorney's fees. No Idaho statute requires the employer to pay wages during service.
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This is the general rule in Idaho. Ezel applies current Idaho law to your specific facts and answers with citations to the statutes.
| Governing law | Idaho Code § 2-218 (employer prohibited from penalizing employee for jury service) |
|---|---|
| Jury service covered | Receiving a summons, responding to it, serving as a juror, and attending court for prospective jury service (§ 2-218(1)) |
| Employers and employees covered | Written as a flat duty of any 'employer' toward any 'employee'; § 2-218 states no employer-size, tenure, or classification gate |
| Time-off entitlement | The absence to respond to a summons, attend for prospective service, and serve is protected: the employer may not deprive the employee of employment because of it (§ 2-218(1)). The section bars retaliation rather than fixing a quantity of leave |
| Employer-paid wages | None. Section 2-218 requires no wage continuation; it protects the job, not a paycheck during service |
| PTO and juror-fee treatment | Section 2-218 does not authorize compelling use of vacation, personal, or sick leave for jury days, and does not address crediting the court's juror fee against any wages an employer chooses to pay |
| Employee notice and proof | Section 2-218 imposes no express advance-notice period, written-notice form, or summons-copy requirement on the employee |
| Scheduling and return-to-work rules | No shift-rest window, night-shift excusal, minimum-release period, or long-trial rule appears in § 2-218 |
| Job protection and remedies | An employer may not deprive an employee of employment, or threaten or coerce the employee about it, because of jury service; a violation is criminal contempt punishable by a fine up to $300. A discharged employee may bring a civil action within 60 days for treble the wages lost plus reinstatement, with a reasonable attorney's fee to a prevailing employee (§ 2-218(2), (3)) |
Compare this rule across all 50 states + DC →
Protected job, unpaid time
Idaho's rule for employees called to jury service is Idaho Code § 2-218. An employer
may not deprive an employee of employment, and may not threaten or otherwise coerce
the employee about employment, because the employee receives a summons, responds to
it, serves as a juror, or attends court for prospective jury service. The protection
covers the whole process, from answering the summons through actual service.
What the section does not do is require the employer to pay wages. Idaho is a
protected-but-unpaid state. An employer policy or union contract may provide paid
jury leave, but the statute does not command it.
PTO, notice, and scheduling
Section 2-218 does not let an employer force an employee to use vacation, personal, or
sick leave for the jury days, and it does not address crediting the court's juror fee
against any wages the employer chooses to pay. Those choices are left to the
employer's policy.
The section sets no advance-notice deadline, requires no particular written notice,
and does not spell out a right to produce a copy of the summons. It contains no rule
about shift rest, release time, or long trials. As a practical matter, an employee
should still notify the employer promptly and keep the summons.
Enforcement
Idaho backs the protection with an unusually strong remedy. An employer that violates
the section is guilty of criminal contempt and, on conviction, may be fined up to
$300. Separately, an employee who is discharged in violation of the section may bring
a civil action within 60 days to recover treble the amount of wages lost — three times
the actual lost wages — plus an order of reinstatement. A prevailing employee is also
entitled to a reasonable attorney's fee set by the court.
What trips people up
The treble-damages feature is what sets Idaho apart. Where most states cap a jury-firing
recovery at actual lost wages, Idaho multiplies the lost-wage award by three, which
gives the statute real teeth even though the underlying wage loss may be modest.
The civil deadline is short. An employee who is fired over jury service has only 60
days to bring the action. Waiting past that window can forfeit the § 2-218 claim, so an
affected worker should act quickly.
Common questions
Can an Idaho employer fire me for serving on a jury?
No. Depriving an employee of employment, or threatening or coercing the employee about
it, because of jury service violates § 2-218 and is criminal contempt.
Does my employer have to pay me?
Not under this statute. Idaho does not require wage continuation for jury service,
though an employer may choose to pay.
What can I recover if I am fired for jury duty?
Treble the wages you lost, plus reinstatement, and a reasonable attorney's fee if you
prevail. You must sue within 60 days of the discharge.
Is my employer breaking any criminal law?
Yes. A violation is criminal contempt, punishable on conviction by a fine of up to
$300, separate from your civil suit.
Statutes and sources
- Idaho Code § 2-218: bars depriving an employee of employment because of jury service,
makes a violation criminal contempt (fine up to $300), and provides a 60-day civil
action for treble lost wages, reinstatement, and attorney's fees —
Idaho State Legislature official statute text
(accessed July 13, 2026); cross-checked against the
Justia 2025 Idaho Code mirror.
Source links
Every statute quoted above, linked, with the date we checked it.
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