Texas: Jury Duty Leave and Pay Requirements
The short answer
Texas protects a permanent employee from discharge, threats, intimidation, or coercion because of jury service or scheduled attendance in any United States court, and separately protects service as a juror or grand juror. The statute does not generally require a private employer to pay wages or address forced PTO use. A violation can lead to reinstatement, attorney's fees, one to five years of compensation, contempt, and a Class B misdemeanor, subject to a two-year civil filing deadline.
Ask Ezel about your situation
This is the general rule in Texas. Ezel applies current Texas law to your specific facts and answers with citations to the statutes.
| Governing law | Tex. Civ. Prac. & Rem. Code §§ 122.001-.003 (two concurrently codified 2019 versions of § 122.001) |
|---|---|
| Jury service covered | Juror service, attendance, or scheduled attendance in any court in the United States under one § 122.001 version; juror or grand-juror service under the companion version |
| Employers and employees covered | Permanent employees; one version applies to an employer generally and the companion version expressly to a private employer (§ 122.001) |
| Time-off entitlement | Protection is framed as no discharge, threat, intimidation, or coercion because of service/attendance, plus a right to return to the same job after timely return notice; no separate paid-leave grant (§ 122.001) |
| Employer-paid wages | No general private-employer wage requirement; Texas Judicial Branch states an employer is not required to pay time missed for jury service |
| PTO and juror-fee treatment | Chapter 122 does not address compelled or optional PTO use or permit an employer to offset court-paid juror compensation |
| Employee notice and proof | No fixed advance notice or summons-copy rule in Chapter 122; employee seeking return must give actual notice of intent to return as soon as practical after release (§ 122.001(b)) |
| Scheduling and return-to-work rules | No night-shift or same-day return rule; statutory reemployment right is subject to prompt actual notice after release and employer's changed-circumstances defense (§§ 122.001(b), 122.003) |
| Job protection and remedies | Reinstatement; 1-5 years' compensation; reasonable fees; civil action within 2 years of service; Class B misdemeanor; contempt for termination/threat/penalty; employer may prove changed circumstances made reemployment impossible/unreasonable (§§ 122.002-.003) |
Compare this rule across all 50 states + DC →
Protection and reemployment for permanent employees
Texas Chapter 122 carries two versions of § 122.001 enacted in 2019. One says
an employer may not discharge, threaten, intimidate, or coerce a permanent
employee because the employee serves as a juror or attends or is scheduled to
attend in connection with service “in any court in the United States.” The
companion version says a private employer may not terminate a permanent
employee because of juror or grand-juror service.
Both versions provide a return-to-work mechanism. After release from service,
the employee must give actual notice of the intention to return “as soon as
practical” to claim return to the same employment. Chapter 122 does not impose
a separate fixed advance-notice period or require a copy of the summons.
Pay, PTO, and work schedules
The Texas Judicial Branch states that an employer is not required to pay an
employee for work time missed because of jury service. Chapter 122 also does
not say whether an employee may or must use vacation or another paid-leave
balance, and it creates no employer right to offset the court's juror payment.
Texas supplies no general night-shift rest period or same-day return clock in
this chapter. Its express timing rule is the prompt actual notice required
after release for reemployment.
Remedies and employer defense
Under § 122.002, an injured employee may recover reinstatement, reasonable
attorney's fees, and damages between one and five years of compensation measured
at the rate in effect when summoned. The damages action must be filed no later
than two years after the person served as a juror or grand juror. The next two
provisions (§§ 122.0021-.0022) also make a § 122.001 violation a Class B
misdemeanor and allow a
court to use contempt against an employer that terminates, threatens, penalizes,
or threatens to penalize an employee for jury or grand-jury duty.
A narrow defense in § 122.003 requires the employer to prove that changed
circumstances during service made reemployment impossible or unreasonable and
that termination resulted from circumstances other than jury service.
What trips people up
“Permanent employee” is a real coverage word in § 122.001. The chapter should
not be summarized as giving the same private remedy to every temporary or
short-term worker without addressing that limitation.
Texas Labor Code § 52.051 is a neighboring but different rule about complying
with a valid subpoena. The governing employment protection for an employee
serving as a juror is Civil Practice and Remedies Code Chapter 122.
Common questions
Does a Texas private employer have to pay regular wages during jury duty?
No. The Texas Judicial Branch states that an employer is not required to pay
for time missed because of jury service.
When must the employee say they are returning?
As soon as practical after release from jury service, by giving actual notice
of the intention to return.
Does the law cover federal jury service?
One current version of § 122.001 expressly reaches service, attendance, or
scheduled attendance connected with jury service in any court in the United
States.
How long does the employee have to sue for statutory damages?
No later than two years after the date the person served as a juror or grand
juror.
Statutes and sources
- Tex. Civ. Prac. & Rem. Code §§ 122.001-.003: employment protection,
reemployment notice, damages, fees, criminal penalty, contempt, and defense —
official-page archive
(accessed July 12, 2026). - Texas Judicial Branch: private-employer pay and retaliation guidance —
official guidance
(accessed July 12, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
Get the answer for your situation
You just read how Texas handles this in general. Ezel applies current Texas law to your facts and answers your specific question, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.