Washington: Jury Duty Leave and Pay Requirements
The short answer
Washington requires every covered public or private employer to provide sufficient leave for an employee summoned under the state jury chapter to serve. The employer may not deprive the employee of employment, threaten, coerce, harass, or deny promotional opportunities because the employee receives or responds to a summons, serves, or attends court prospectively. The leave need not be paid, and the statute states no PTO, notice, proof, or scheduling rule. Intentional violations are misdemeanors; retaliation supports damages, reinstatement, and attorney's fees.
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This is the general rule in Washington. Ezel applies current Washington law to your specific facts and answers with citations to the statutes.
| Governing law | RCW 2.36.010, 2.36.165, and 9.92.030 |
|---|---|
| Jury service covered | State petit jury, grand jury, or jury of inquest under chapter 2.36 RCW; sufficient leave protects service after a chapter 2.36 summons, while job protection reaches receiving and responding to the summons, serving, and attending a Washington court for prospective service (RCW 2.36.010(2), (5); 2.36.165(1)-(2)) |
| Employers and employees covered | Any person, association, partnership, or private or public corporation employing or controlling wages, hours, or working conditions of at least one employee (RCW 2.36.165(5)); no tenure, schedule, or classification gate stated |
| Time-off entitlement | Employer must provide sufficient leave of absence to serve when the employee is summoned under chapter 2.36 RCW (RCW 2.36.165(1)); separate protection bars specified adverse conduct across summons receipt, response, prospective attendance, and service (RCW 2.36.165(2)) |
| Employer-paid wages | None. Washington State Courts expressly states current law does not require salary continuation during jury-service absence |
| PTO and juror-fee treatment | No express rule in RCW 2.36.165 on compelled or voluntary vacation, sick leave, or other PTO, and no employer-wage offset rule for court-paid juror fees |
| Employee notice and proof | No employee-to-employer notice deadline, written-notice form, summons-copy duty, attendance-certificate rule, or other proof requirement stated in RCW 2.36.165 |
| Scheduling and return-to-work rules | No night-shift rest period, same-day return rule, make-up-time rule, or work-interference limit stated in RCW 2.36.165; leave must be sufficient to serve |
| Job protection and remedies | No deprivation of employment, threats, coercion, harassment, or denial of promotional opportunities for protected jury activity (RCW 2.36.165(2)); intentional violation of the leave or protection rule is a misdemeanor (subsection (3)), punishable by up to 90 days and/or $1,000 when no other punishment is prescribed (RCW 9.92.030). A subsection (2) violation supports damages, reinstatement, and a prevailing employee's reasonable attorney's fee (RCW 2.36.165(4)) |
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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).
Source links
Every statute quoted above, linked, with the date we checked it.
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