Jury Duty Leave and Pay Requirements in Pennsylvania

Short answer Pennsylvania generally protects an employee who receives or responds to a jury summons, attends court for prospective service, or serves as a petit or grand juror, but the state statute excludes retail and service employers with fewer than 15 workers and manufacturers with fewer than 40. Covered employers may not take away employment, seniority, or benefits or threaten or coerce the employee, but they do not have to pay wages for the missed time. The statute does not expressly decide whether paid leave may be compelled.
State
Pennsylvania
Statute checked
July 13, 2026
Sources
1 statute

At a glance

Governing law42 Pa.C.S. § 4563 (protection of employment of petit and grand jurors)
Jury service coveredReceiving a summons, responding to it, serving as a petit or grand juror, or attending court for prospective jury service (§ 4563(a))
Employers and employees coveredGenerally covered, but no § 4563(a) protection against a retail or service employer with fewer than 15 workers or a manufacturing employer with fewer than 40 (§ 4563(d)); an uncovered person may request to be excused from jury service (§ 4563(e))
Time-off entitlementCovered employer may not deprive the employee of employment, seniority, or benefits, or threaten or coerce the employee, because of the summons, response, prospective attendance, or service (§ 4563(a))
Employer-paid wagesNone. Section 4563(a) expressly says the employer need not compensate employment time lost because of jury service
PTO and juror-fee treatmentNo express rule on compelled or voluntary vacation, sick leave, or other PTO, and no employer-wage offset rule for court-paid juror fees; the statute separately protects the employee's benefits
Employee notice and proofNo employee-to-employer notice deadline, written-notice form, summons-copy duty, or proof requirement stated in § 4563
Scheduling and return-to-work rulesNo night-shift rest period, same-day return rule, make-up-time rule, or long-trial scheduling protection stated in § 4563
Job protection and remediesViolation is a summary offense (§ 4563(b)); employee may sue for actual lost wages and benefits, reinstatement, and a reasonable attorney's fee, but damages cannot exceed wages and benefits actually lost (§ 4563(c))

Protection depends on the employer's industry and size

Pennsylvania's § 4563(a) covers the full state-jury sequence: receiving a summons, responding, attending court as a prospective juror, and serving as a juror. A covered employer may not take away the employee's job, seniority, or benefits, or use threats or coercion because of that activity.

Section 4563(d) creates two important exceptions. The protection does not apply to a retail or service employer with fewer than 15 workers or a manufacturing employer with fewer than 40. The statute does not create a general small-employer exception for every other industry. A person excluded from reemployment protection by those thresholds has a statutory right, upon request, to be excused from jury service under § 4563(e).

Unpaid time and statutory silence on PTO

The statute is explicit about wages: nothing in § 4563(a) requires an employer to compensate time lost because of jury service. An employer policy or collective-bargaining agreement may provide more, but the state-law floor is unpaid.

Section 4563 protects "benefits," but it does not expressly say whether an employer may require use of vacation, sick leave, or another paid balance. It also sets no notice deadline, summons-copy rule, proof requirement, shift-rest period, same-day return rule, or make-up-time rule. Those questions should not be filled in from the statute's general protection language.

Enforcement

An employer that violates § 4563(a) commits a summary offense under § 4563(b). The employee may also bring the civil action created by § 4563(c) for wages and benefits actually lost and an order of reinstatement. Recoverable damages may not exceed the actual lost wages and benefits, and a prevailing employee receives a reasonable attorney's fee fixed by the court.

What trips people up

The small-employer exception is industry-specific. A 12-worker retailer or service business is excluded, as is a 35-worker manufacturer; the statute does not say that every employer under 15 or every employer under 40 is excluded.

No-pay status does not eliminate job protection. For a covered employer, Pennsylvania permits wage withholding but still protects employment, seniority, and benefits and prohibits threats or coercion.

Common questions

Must a Pennsylvania employer pay wages during jury duty?

No. Section 4563(a) expressly says the employer is not required to compensate the employee for time lost because of jury service.

Does the law protect someone who only reports for jury selection?

Yes. The statute covers receiving and responding to the summons and attending court for prospective jury service, not just being selected for a jury.

Can the employer require PTO?

Section 4563 does not expressly answer that question. It protects benefits but does not state a rule specifically governing vacation, sick leave, or other paid time.

What can an employee recover after an unlawful firing?

The employee may seek reinstatement, actual lost wages and benefits, and a reasonable attorney's fee. The statute caps damages at the wages and benefits actually lost.

Statutes and sources

  • 42 Pa.C.S. § 4563(a)-(e): protected activity, unpaid-time rule, summary offense, civil remedies, industry-and-size exceptions, and right to request excuse — official text (accessed July 13, 2026).

Source links

Every statute quoted above, linked, with the date we checked it.

42 Pa.C.S. § 4563(a)-(e) · accessed 2026-07-13
This page is general legal information about state-law workplace rights for employees summoned for or serving on a jury, not legal advice about your summons, pay, leave balance, or employment dispute. Jury-service coverage, employee classification, employer size, notice, work schedule, and the court involved can change the result. Court-paid juror fees are different from wages an employer may owe, and separate rules govern witnesses, subpoenas, public employees, and local leave ordinances. Verified against the official statute text on the date shown; confirm current law or consult the court, state labor agency, or a licensed attorney before relying on it.

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