The Judicial Branch of Arizona, Maricopa County
Jury Services >General Information
Jury Service Letter to Employers
Re: JURY SERVICE
If one of your employees has been selected to serve as a member of a jury;
you need to be aware of the following Arizona laws.
Arizona Revised Statutes § 21-236 provides:
"A. An employer shall not refuse to permit an employee to take a leave of absence from employment for the purpose of service as a juror. No employer may dismiss or in any way penalize any employee because he serves as a grand or trial juror, provided, however, that an employer shall not be required to compensate an employee when the employee is absent from his employment because of jury service. Any absences from employment shall not effect vacation rights which employees otherwise have.
"B. An employee shall not lose seniority or precedence while absent from his employment due to his serving as a member of a grand or trial jury. Upon return to employment the employee shall be returned to his previous position, or to a higher position commensurate with his ability and experience as seniority or precedence would ordinarily entitle him.
"C. A person who violates any provision of this section is guilty of a class 3 misdemeanor." If an employee works the night shift, an employer is still required by law to give that employee a leave of absence from work during the period of jury service, even though the employer is not required to pay the employee. The clear intent of the Arizona Legislature in enacting the above statute was to make sure that jurors who are fulfilling their civic duties in regard to jury service are not penalized in any manner for doing so. It would make no sense if jurors who work during the daytime received the benefits of the statute but those who work the night shift do not.
SUPERIOR COURT OF ARIZONA
Maricopa County
Maricopa County
| To: | Employers Whose Employees Are on Jury Duty |
| From: | Superior Court of Arizona, Maricopa County |
| Date: | 7/4/2009 |
"A. An employer shall not refuse to permit an employee to take a leave of absence from employment for the purpose of service as a juror. No employer may dismiss or in any way penalize any employee because he serves as a grand or trial juror, provided, however, that an employer shall not be required to compensate an employee when the employee is absent from his employment because of jury service. Any absences from employment shall not effect vacation rights which employees otherwise have.
"B. An employee shall not lose seniority or precedence while absent from his employment due to his serving as a member of a grand or trial jury. Upon return to employment the employee shall be returned to his previous position, or to a higher position commensurate with his ability and experience as seniority or precedence would ordinarily entitle him.
"C. A person who violates any provision of this section is guilty of a class 3 misdemeanor." If an employee works the night shift, an employer is still required by law to give that employee a leave of absence from work during the period of jury service, even though the employer is not required to pay the employee. The clear intent of the Arizona Legislature in enacting the above statute was to make sure that jurors who are fulfilling their civic duties in regard to jury service are not penalized in any manner for doing so. It would make no sense if jurors who work during the daytime received the benefits of the statute but those who work the night shift do not.
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