Kentucky: Jury Duty Leave and Pay Requirements
The short answer
Kentucky bars an employer from depriving an employee of employment, or threatening or coercing the employee about employment, because the employee receives or responds to a summons, serves as a juror, or attends court for prospective service. The statute does not generally require employer-paid wages or address PTO use; a discharged employee has 90 days to seek lost wages, reinstatement with full seniority and benefits, and a reasonable attorney's fee, and an employer violation is a Class B misdemeanor.
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This is the general rule in Kentucky. Ezel applies current Kentucky law to your specific facts and answers with citations to the statutes.
| Governing law | KRS 29A.160 and 29A.990(1) |
|---|---|
| Jury service covered | Receiving or responding to a summons, serving as a juror, and attending court for prospective jury service; statute does not distinguish trial, grand, state, or federal service (KRS 29A.160(1)) |
| Employers and employees covered | Employers and employees generally; no employer-size, tenure, full-time, or permanent-worker limit stated (KRS 29A.160) |
| Time-off entitlement | No affirmative leave-duration sentence; employer cannot deprive employee of employment, threaten, or coerce employee because of covered summons or jury activity (KRS 29A.160(1)) |
| Employer-paid wages | No general employer wage-continuation requirement stated in KRS 29A.160; lost-wage remedy after unlawful discharge does not make ordinary jury leave paid |
| PTO and juror-fee treatment | No express rule on required or voluntary use of vacation, sick leave, or other PTO, and no employer offset for juror fees stated in KRS 29A.160 |
| Employee notice and proof | No employee notice deadline, summons-copy requirement, or attendance-proof rule stated in KRS 29A.160 |
| Scheduling and return-to-work rules | No night-shift rest window, same-day return requirement, or long-trial scheduling rule stated in KRS 29A.160 |
| Job protection and remedies | No employment deprivation, threat, or coercion for covered activity. Discharged employee has 90 days to sue for lost wages and reinstatement with full seniority and benefits; prevailing employee receives reasonable attorney's fee. Employer violation is Class B misdemeanor (KRS 29A.160; 29A.990(1)) |
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Protection from employment loss, threats, and coercion
Kentucky protects an employee who receives or responds to a jury summons,
serves as a juror, or attends court for prospective jury service. An employer
may not deprive the employee of employment, threaten the employee, or otherwise
coerce the employee about employment because of that activity.
The section does not limit protection by employer size, employee tenure, or
full-time status. It also does not distinguish among trial, grand, state, or
federal jury service.
Pay, PTO, notice, and scheduling are not addressed
KRS 29A.160 does not generally require an employer to continue wages during
jury service. It does not regulate required or voluntary use of vacation, sick
leave, or another PTO balance, and it does not coordinate employer wages with
court-paid juror fees.
The section also states no employee notice deadline or proof procedure and no
night-shift, same-day-return, or long-trial scheduling rule. The lost-wage
remedy for an unlawful discharge is different from ordinary jury-leave pay.
A 90-day discharge action
If the employer discharges the employee in violation of the protection, the
employee has 90 days after discharge to bring the statutory civil action. The
employee may recover lost wages and obtain an order of reinstatement with full
seniority and benefits. Recoverable damages may not exceed lost wages.
A prevailing employee is allowed a reasonable attorney's fee fixed by the
court. The express civil remedy is written for discharge; KRS 29A.160 does not
state a separate damages action for a threat or coercion that stops short of
discharge.
Class B misdemeanor remains after July 15, 2026
Under the current KRS 29A.990(1), an employer violation of either subsection of
KRS 29A.160 is a Class B misdemeanor. That penalty section is labeled effective
until July 15, 2026 because 2026 Kentucky Acts chapter 107 adds separate
grand-jury secrecy offenses on that date. The enrolled amendment preserves the
Class B employer misdemeanor.
What trips people up
Kentucky's statute protects more than completed jury service. Receipt of a
summons, responding to it, and attending court as a prospective juror are all
named before a person is selected for a jury.
The civil filing period is short: 90 days after discharge. The misdemeanor rule
does not replace the employee's civil remedies; both appear in the statutory
scheme.
Common questions
Must a Kentucky employer pay wages during jury duty?
No general wage-continuation requirement appears in KRS 29A.160. An employer
policy or agreement may provide paid jury leave.
Can an employer threaten an employee over a jury summons?
No. The statute expressly prohibits threats or other coercion about employment
because the employee receives or responds to a summons or performs the other
covered activity.
How long does a discharged employee have to sue?
Ninety days after discharge under the express civil-action provision.
What can the court award?
Lost wages, reinstatement with full seniority and benefits, and a reasonable
attorney's fee for a prevailing employee.
Statutes and sources
- KRS 29A.160(1)-(2): protected jury activity and the 90-day civil action —
official text
(accessed July 13, 2026). - KRS 29A.990(1): Class B misdemeanor for an employer violation —
official current text
(accessed July 13, 2026). - 2026 Ky. Acts ch. 107 (HB 305), § 2: July 15, 2026 amendment preserving the
employer misdemeanor while adding unrelated offenses —
official enrolled text
(accessed July 13, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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