Jury Duty Leave and Pay Requirements in Illinois
At a glance
| Governing law | 705 ILCS 305/4.1 (Jury Act) and parallel 705 ILCS 310/10.1 (Jury Commission Act); Public Act 104-0683 changes both pay rules effective January 1, 2027 |
|---|---|
| Jury service covered | Duly summoned Illinois petit or grand jury service, including attendance or scheduled attendance connected with service in any court of the State (§§ 4.1(a)-(b), 10.1(a)-(b)); not written to cover federal jury service |
| Employers and employees covered | Current leave and protection rules cover any employer and any duly summoned, legally qualified employee; the pay duty effective January 1, 2027 excludes employers with 25 or fewer employees |
| Time-off entitlement | Employee must be given time off to serve, regardless of assigned shift; employer may not discharge, threaten discharge, intimidate, or coerce because of service or connected attendance (§§ 4.1(a)-(b), 10.1(a)-(b)) |
| Employer-paid wages | None through December 31, 2026 (§§ 4.1(g), 10.1(g)); effective January 1, 2027, Public Act 104-0683 requires regular-rate pay from employers with more than 25 employees |
| PTO and juror-fee treatment | No express rule in these jury sections on compelled or voluntary vacation, sick leave, or other PTO, or on offsetting employer wages by court-paid juror fees |
| Employee notice and proof | Deliver a copy of the summons to the employer within 10 days after the summons was issued; the statute defines that as reasonable notice and conditions its remedies on reasonable notice (§§ 4.1(c), 10.1(c)) |
| Scheduling and return-to-work rules | Employer may not deny leave because the employee works nights and cannot require a night-shift employee to work while the employee is doing daytime jury duty (§§ 4.1(a), 10.1(a)); no broader same-day return or post-service rest period stated |
| Job protection and remedies | With timely summons notice: State's Attorney must prosecute civil contempt, criminal contempt, or both; employer owes lost wages/benefits and may be enjoined and ordered to reinstate; reinstatement preserves seniority and benefit participation; discretionary attorney's fee for prevailing employee (§§ 4.1(c)-(f), 10.1(c)-(f)) |
Time off requires prompt summons delivery
Illinois uses parallel provisions in the Jury Act and Jury Commission Act. Under §§ 4.1(a)-(b) and 10.1(a)-(b), an employee duly summoned for state petit or grand jury service must receive time off regardless of the assigned shift. The employer may not discharge, threaten to discharge, intimidate, or coerce the employee because of service or connected attendance.
The notice definition is unusually exact. What the statute calls "reasonable notice" means delivering a copy of the summons to the employer within 10 days after the summons was issued. The remedies in §§ 4.1(c) and 10.1(c) are expressly conditioned on the employee giving reasonable notice.
Current leave is unpaid through 2026; larger-employer pay starts in 2027
Current §§ 4.1(g) and 10.1(g) say no employer is obligated to compensate the employee for jury-duty time. The jury sections do not expressly address whether an employer may require or an employee may elect vacation, sick leave, or other PTO, and they do not coordinate employer wages with the court's juror fee.
Public Act 104-0683 will reverse the no-pay baseline for larger employers on January 1, 2027. On and after that date, employers with more than 25 employees must pay the employee's regular rate for time serving on jury duty. Employers with 25 or fewer employees are exempt from that new pay duty.
Shift protection and enforcement
The night-shift clause does more than say leave is available regardless of shift. It says an employer cannot require a night-shift worker to work while the employee is doing jury duty in the daytime. The text does not create a broader fixed rest period after service or a general same-day return rule.
After timely notice, a violation may lead to civil contempt, criminal contempt, or both, prosecuted by the State's Attorney. The employer is liable for lost wages or benefits and may be enjoined and ordered to reinstate a discharged employee. Reinstatement preserves seniority and participation in insurance or other benefits under the employer's leave practices, and the court may award a reasonable attorney's fee to a prevailing employee represented by retained counsel.
What trips people up
"Reasonable notice" is not open-ended in Illinois. The employee must deliver the summons copy within 10 days of issuance, not merely tell a supervisor before the first reporting day.
The night-shift rule should not be rewritten as a guaranteed full day of rest after any short court appearance. It specifically prevents denial of leave because of the assigned shift and prevents requiring night-shift work while the employee is doing daytime jury duty.
Common questions
Does an Illinois employer currently have to pay for jury duty?
Not through December 31, 2026. Current §§ 4.1(g) and 10.1(g) expressly say the employer is not obligated to compensate the time off. Public Act 104-0683 changes that rule on January 1, 2027 for employers with more than 25 employees.
Is telling the employer about the summons enough?
Not for the statute's defined notice and remedies. The employee must deliver a copy of the summons within 10 days after issuance.
Does the law protect grand jury service?
Yes. Both parallel sections expressly cover petit and grand jury service.
What happens after an unlawful firing?
The court may order reinstatement without loss of seniority, award lost wages or benefits, enjoin further violations, and award a prevailing represented employee a reasonable attorney's fee. Contempt prosecution is also available.
Statutes and sources
- 705 ILCS 305/4.1(a)-(c): time off, state-court service, night-shift rule, retaliation, 10-day summons delivery, and core remedies — official text (accessed August 8, 2026).
- 705 ILCS 310/10.1(d)-(g): reinstatement status, seniority and benefits, attorney's fees, cumulative remedies, and current no-pay rule — official text (accessed August 8, 2026).
- Public Act 104-0683: regular-rate jury-duty pay for employers with more than 25 employees, effective January 1, 2027 — official enacted text (accessed September 19, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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