Jury Duty Leave and Pay Requirements in Washington

At a glance

Sufficient leave for Washington jury service

RCW 2.36.165(1) affirmatively requires an employer to provide sufficient leave of absence for an employee summoned under chapter 2.36 RCW to serve as a juror. The chapter defines a juror as a person summoned for a petit jury, grand jury, or jury of inquest and defines an unqualified "court" as a Washington superior court or court of limited jurisdiction.

Coverage begins with an employer controlling the wages, hours, or working conditions of one employee. The definition includes a person, association, partnership, and private or public corporation and states no tenure, schedule, or worker-classification threshold.

Protection starts before actual service

The adverse-action rule reaches more than selected jurors. Under subsection (2), the employer may not deprive an employee of employment, threaten, coerce, or harass the employee, or deny promotional opportunities because the employee receives a summons, responds to it, serves, or attends court prospectively.

The leave grant and civil remedy are structured differently. Subsection (1) requires sufficient leave to serve. The express employee action for damages, reinstatement, and attorney's fees in subsection (4) applies to an act violating subsection (2).

Unpaid leave and statutory silence on PTO

Washington State Courts states that current law does not require employers to continue salary during a jury-service absence. An employer policy or collective- bargaining agreement may provide paid jury leave.

RCW 2.36.165 does not expressly say whether vacation, sick leave, or other PTO may be required or voluntarily used. It also states no juror-fee offset rule, employee notice deadline, summons-copy or proof requirement, night-shift rest period, same-day return rule, or make-up-time rule.

Criminal and civil enforcement

An employer that intentionally violates either the sufficient-leave rule or the adverse-action rule is guilty of a misdemeanor. Because RCW 2.36.165 does not prescribe a separate punishment, RCW 9.92.030 supplies up to 90 days in county jail, a fine up to $1,000, or both.

For a subsection (2) violation, the employee may sue for resulting damages and an order of reinstatement. A prevailing employee receives a reasonable attorney's fee determined by the court.

What trips people up

Washington's statute does not merely prohibit firing. It also names threats, coercion, harassment, and lost promotional opportunities.

The statute is state-system specific. Its definitions point to Washington superior courts and courts of limited jurisdiction and to petit, grand, and inquest juries under chapter 2.36 RCW; it should not be rewritten as an express federal-jury provision.

Common questions

Must a Washington employer provide time off?

Yes. The employer must provide sufficient leave for an employee summoned under chapter 2.36 RCW to serve as a juror.

Must the leave be paid?

No. Washington State Courts states that current law does not require salary continuation during jury-service absence.

Can the employer require PTO?

RCW 2.36.165 does not expressly answer that question. It states no rule for vacation, sick leave, or other paid time.

What can an employee recover for retaliation?

The employee may seek resulting damages and reinstatement, and a prevailing employee receives a reasonable attorney's fee.

Statutes and sources

• RCW 2.36.165(1)-(5): sufficient leave, protected activity, prohibited conduct, misdemeanor, civil remedy, and employer definition — official text (accessed July 13, 2026).
• RCW 2.36.010(2), (5): Washington-court and juror definitions — official text (accessed July 13, 2026).
• RCW 9.92.030: default misdemeanor punishment — official text (accessed July 13, 2026).
• Washington State Courts: no-pay rule and employer overview — official guidance (accessed July 13, 2026).