Jury Duty Leave and Pay Requirements in South Carolina

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.
State
South Carolina
Statute checked
July 13, 2026
Sources
1 statute

At a glance

Governing lawS.C. Code Ann. § 41-1-70
Jury service coveredServing 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 coveredAny employer and employee; no employer-size, tenure, full-time, or permanent-worker limit stated (§ 41-1-70)
Time-off entitlementNo 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 wagesNo general employer wage-continuation requirement stated in § 41-1-70
PTO and juror-fee treatmentNo 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 proofNo employee notice deadline, summons-copy requirement, or attendance-proof rule stated in § 41-1-70
Scheduling and return-to-work rulesNo night-shift rest window, same-day return requirement, or long-trial scheduling rule stated in § 41-1-70
Job protection and remediesDismissal 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)

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.

S.C. Code Ann. § 41-1-70 · 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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