Jury Duty Leave and Pay Requirements in Virginia
At a glance
| Governing law | Va. Code §§ 18.2-465.1 and 18.2-11(c) |
|---|---|
| Jury service covered | A 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 covered | Any 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 entitlement | After 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 wages | No 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 treatment | Employer 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 proof | Person 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 rules | If 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 remedies | Discharge 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 |
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.
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