Virginia: Jury Duty Leave and Pay Requirements

verified against the statute 2026-07-13 2 statute sources

The short answer

Virginia protects a person summoned for jury duty from discharge or any adverse personnel action for the resulting absence after reasonable notice. The employer may not require use of sick leave or vacation time. If jury appearance plus travel takes four or more hours, the employee cannot be required to start a shift beginning at or after 5:00 p.m. that day or before 3:00 a.m. the next day. The statute states no employer-wage requirement; a violation is a Class 3 misdemeanor punishable by a fine up to $500.

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This is the general rule in Virginia. Ezel applies current Virginia law to your specific facts and answers with citations to the statutes.

Governing lawVa. Code §§ 18.2-465.1 and 18.2-11(c)
Jury service coveredA person summoned to serve on jury duty; the employment protection covers absence due to that duty, and the shift rule requires being summoned and appearing for jury duty (§ 18.2-465.1). The combined section separately covers certain witnesses, but this page addresses jurors
Employers and employees coveredAny employer and person summoned for jury duty; no employer-size, industry, tenure, schedule, or employee-classification gate stated in § 18.2-465.1
Time-off entitlementAfter reasonable notice, no discharge or adverse personnel action because of absence due to jury duty, and no required use of sick leave or vacation time (§ 18.2-465.1); the statute is protective rather than a separately quantified leave grant
Employer-paid wagesNo general private-employer wage-continuation requirement stated in § 18.2-465.1; the Supreme Court of Virginia's juror guide says many employers continue salary and directs jurors to ask about workplace policy
PTO and juror-fee treatmentEmployer may not require use of sick leave or vacation time for the protected absence after reasonable notice; no express rule on other paid-leave categories, voluntary use, or offsetting employer wages by court-paid juror fees (§ 18.2-465.1)
Employee notice and proofPerson must give the employer reasonable notice of the court appearance or summons; no fixed day count, written form, summons-copy duty, attendance-certificate rule, or other proof requirement stated in § 18.2-465.1
Scheduling and return-to-work rulesIf summoned and appearing for jury duty for at least four hours in one day, including travel, the person cannot be required to start a shift beginning at or after 5:00 p.m. that day or before 3:00 a.m. the next day (§ 18.2-465.1); no broader same-day or next-day rule stated
Job protection and remediesDischarge and any adverse personnel action prohibited after reasonable notice; violation is a Class 3 misdemeanor (§ 18.2-465.1), carrying a maximum $500 fine (§ 18.2-11(c)). These sections state no jury-specific private damages, reinstatement, attorney's-fee, or administrative remedy

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Protected absence without forced sick or vacation leave

Va. Code § 18.2-465.1 protects a person summoned to serve on jury duty. After
giving reasonable notice of the summons or court appearance, the person may
not be discharged or subjected to any adverse personnel action because of the
resulting absence from work.

The employer also may not require the person to use sick leave or vacation
time for that protected absence. The text names those two leave categories; it
does not expressly address every other kind of PTO or prevent an employee from
voluntarily using available paid leave.

Four-hour attendance triggers evening-shift relief

Virginia uses a precise scheduling threshold. A person who is summoned and
appears for jury duty for four or more hours in one day, including travel time,
cannot be required to start a work shift beginning at or after 5:00 p.m. on
the appearance day. The employer also cannot require a shift beginning before
3:00 a.m. on the following day.

The statute does not create the same shift relief for an appearance shorter
than four hours including travel, and it does not state a broader rule excusing
every remaining work hour after early release.

Pay and notice

Section 18.2-465.1 does not require a private employer to continue wages during
jury duty. The Supreme Court of Virginia's juror guide says many employers do
continue salary and directs employees to ask their employer about workplace
policy.

Notice must be reasonable, but the statute gives no fixed number of days and
does not require a particular written form, summons copy, attendance
certificate, or other proof. The protected-absence and leave-balance rules are
expressly conditioned on reasonable notice.

Criminal consequence

An employer that violates § 18.2-465.1 is guilty of a Class 3 misdemeanor.
Under § 18.2-11(c), the authorized punishment is a fine of no more than $500.
The jury-employment statute does not itself create employee damages,
reinstatement, attorney's fees, or an administrative complaint process.

What trips people up

The shift clock includes travel time. Four hours in court is not required if
the appearance and travel together reach four hours.

The no-forced-leave rule is specific. It protects sick leave and vacation time
but does not say that every possible paid-time category receives identical
treatment.

Common questions

Must a Virginia employer pay wages during jury duty?

Section 18.2-465.1 states no general private-employer wage-continuation duty.
Employer policy or a collective-bargaining agreement may provide paid leave.

Can an employer require vacation or sick leave?

No, not for the protected jury-duty absence after reasonable notice. The
statute expressly bars required use of sick leave or vacation time.

Must an employee work an evening shift after jury duty?

Not if jury appearance plus travel lasted at least four hours and the shift
begins at or after 5:00 p.m. that day. A shift before 3:00 a.m. the next day is
also protected.

How much notice is required?

Reasonable notice. The statute supplies no fixed day count or mandatory form.

Statutes and sources

  • Va. Code § 18.2-465.1: reasonable-notice condition, protection from discharge
    and adverse action, no forced sick or vacation leave, four-hour shift rule,
    and Class 3 misdemeanor — official text
    (accessed July 13, 2026).
  • Va. Code § 18.2-11(c): maximum $500 fine for a Class 3 misdemeanor —
    official text
    (accessed July 13, 2026).
  • Supreme Court of Virginia: juror job and shift guidance and salary-policy
    direction — official guide
    (accessed July 13, 2026).

Source links

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

Va. Code § 18.2-465.1 · accessed 2026-07-13
Va. Code § 18.2-11(c) · 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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