South Carolina: Jury Duty Leave and Pay Requirements
The short answer
South Carolina makes an employer civilly liable for dismissing or demoting an employee because the employee serves on a jury of any court. The statute does not expressly create a broader leave entitlement, require employer-paid wages, regulate PTO use, or state notice and scheduling rules. Damages are capped at one year of salary or 52 weeks of wages for dismissal, or one year of the pay difference for demotion.
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This is the general rule in South Carolina. Ezel applies current South Carolina law to your specific facts and answers with citations to the statutes.
| Governing law | S.C. Code Ann. § 41-1-70 |
|---|---|
| Jury service covered | Serving on a jury of any court; the section also covers compliance with a valid subpoena to testify, but witness leave is outside this topic. Summons response and prospective selection are not separately named (§ 41-1-70) |
| Employers and employees covered | Any employer and employee; no employer-size, tenure, full-time, or permanent-worker limit stated (§ 41-1-70) |
| Time-off entitlement | No affirmative jury-leave sentence; employer faces civil liability for dismissal or demotion because employee serves on a jury of any court (§ 41-1-70) |
| Employer-paid wages | No general employer wage-continuation requirement stated in § 41-1-70 |
| 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 § 41-1-70 |
| Employee notice and proof | No employee notice deadline, summons-copy requirement, or attendance-proof rule stated in § 41-1-70 |
| Scheduling and return-to-work rules | No night-shift rest window, same-day return requirement, or long-trial scheduling rule stated in § 41-1-70 |
| Job protection and remedies | Dismissal or demotion because of jury service creates circuit-court civil liability. Dismissal damages capped at one year's salary or 52 weeks' wages; demotion damages capped at one year of pay difference. No reinstatement or attorney-fee remedy stated (§ 41-1-70) |
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A narrow dismissal-and-demotion statute
South Carolina's employment protection is concise. An employer that dismisses
or demotes an employee because the employee serves on a jury of any court is
subject to a civil action in circuit court for damages caused by that action.
The same section protects compliance with a valid subpoena to testify, but
witness leave is a separate subject. For jury duty, the text names service on a
jury; it does not separately name receiving a summons, responding to it, or
attending court for prospective selection.
No separate pay, PTO, notice, or shift rule
Section 41-1-70 does not affirmatively order an employer to grant a defined
period of leave. Its protection operates by imposing civil liability for
dismissal or demotion because of jury service.
The section also does not require wage continuation, regulate vacation or sick
leave use, coordinate employer wages with juror fees, establish an employee
notice or proof procedure, or provide a night-shift or return-to-work rule.
Damages depend on dismissal or demotion
For dismissal, damages may not exceed one year's salary or 52 weeks of wages
based on a 40-hour week at the employee's rate when the subpoena was received.
For demotion, damages may not exceed one year of the difference between the
employee's pre-demotion pay and post-demotion pay, again calculated on a
40-hour week.
Section 41-1-70 does not state a reinstatement remedy, attorney-fee award, civil
penalty, or filing deadline.
What trips people up
The South Carolina text should not be expanded into a general anti-retaliation
law. It expressly names dismissal and demotion, not every adverse action,
threat, attendance point, or loss of benefits.
Likewise, the existence of capped lost-pay damages does not make ordinary jury
service paid. Those damages compensate a dismissal or demotion; they are not
wage continuation during the protected activity.
Common questions
Must a South Carolina employer pay wages during jury duty?
No general wage-continuation requirement appears in § 41-1-70.
Can an employee be fired for serving on a jury?
An employer that dismisses the employee because of service on a jury of any
court is subject to a circuit-court civil action for damages.
Does the statute regulate PTO use?
No. Section 41-1-70 does not address compelled or voluntary use of vacation,
sick leave, or other PTO.
Can the court order reinstatement?
Section 41-1-70 states capped damages but does not expressly state a
reinstatement remedy.
Statutes and sources
- S.C. Code Ann. § 41-1-70: dismissal and demotion protection, circuit-court
action, and damages caps —
official text
(accessed July 13, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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