Views of Hamilton County
Blue Rounded Corner
Employers
Jurors will be given an attendance sheet if requested that will state the dates they appeared for jury service. If you would like specific times your employee was released each day you must provide them with a time sheet to be signed by the court staff.
TCA 22-4-106
(a)
(1) Upon receiving a summons to report for jury duty, any employee shall on the next day the employee is engaged in such employee's employment exhibit the summons to the employee's immediate superior, and the employer shall thereupon excuse the employee from employment for each day the employee’s service as a juror in any court of the United States or the state of Tennessee exceeds three (3) hours.
(2) If an employee summoned for jury duty is working a night shift or is working during hours preceding those in which court is normally held, such employee shall also be excused from employment as provided by this section for the shift immediately preceding the employee's first day of service. After the first day of service, when such person's responsibility for jury duty exceeds three (3) hours during a day, the person whose circumstances fall within the parameters of this subdivision (a) (2) shall be excused from the person's next scheduled work period occurring within twenty-four (24) hours of such day of jury service. Any question concerning the application of this subdivision (a)(2) to a particular work shift or shifts shall be conclusively resolved by the trial judge of the court to which the employee has been summoned.
(b) Notwithstanding the excused absence as herein provided, the employee shall be entitled to such employee's usual compensation received from such employment; however, the employer has the discretion to deduct the amount of the fee or compensation the employee receives for serving as a juror. Moreover, no employer shall be required to compensate an employee for more time than was actually spent serving and traveling to and from jury duty. If an employer employs less than five (5) people on a regular basis or if the juror has been employed by an employer on a temporary basis for less than six (6) months, the employer is not required to compensate the juror during the period of jury service pursuant to this section.
(c) It is the duty of all persons paying jurors their fee or compensation for jury service to issue to each juror a statement showing the daily fee or compensation and the total amount of fees or compensation received by the juror. Such person also shall provide a juror with a statement showing the number of hours the juror spent serving each day if the juror or juror’s employer requests such a statement prior to the service at issue.
(d)
(1) No employer shall discharge or in any manner discriminate against an employee for serving on jury duty if such employee, prior to taking time off, gives the required notice pursuant to subsection (a).
(2)
                         (A) Any employee who is discharged, demoted, or suspended because such employee has taken time off to serve on jury duty is entitled to reinstatement and reimbursement for lost wages and work benefits caused by such acts of the employer.
                         (B) Any employer who willfully refuses to rehire, or otherwise restore an employee or former employee, commits a Class A misdemeanor.
(e) Any employer who violates this section commits a Class A misdemeanor.
(f) For the purposes of this section, "employer" includes, but is not limited to, the state of Tennessee or any local government.
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