Court appearance and witness leave is time off granted to employees who are required to attend court — whether as a juror, a witness summoned by subpoena, a party to legal proceedings, or a witness volunteering to testify. In the UK, the Juries Act 1974 makes it unlawful for employers to dismiss or penalise employees for jury service. In the US, all 50 states and the federal government have laws protecting employees who serve on juries or respond to subpoenas. According to the Bureau of Justice Statistics, approximately 32 million Americans receive jury summons each year, though only about 8 million actually serve (BJS, 2024).
Whether you have received a jury summons, been called as a witness, or need to attend court for your own legal matter, understanding your rights and your employer’s obligations protects you from unfair treatment.
Key Takeaways
- Jury service, witness attendance, and court appearances are protected by law in both the UK and US — employers cannot penalise employees for fulfilling legal obligations.
- UK employees on jury service receive statutory jury service pay from the court, and employers must release them for the full duration of service.
- In the US, most states require employers to provide paid jury leave, though the duration and pay requirements vary by state.
- Witness leave covers employees who are subpoenaised or voluntarily attend court to give evidence in legal proceedings.
- Employees cannot be dismissed or disciplined for attending court when legally required.
What Is Court Leave?
Court leave is any time off work that an employee takes to fulfil a legal obligation related to court proceedings. It covers several distinct scenarios:
- Jury service — Being selected and serving on a jury for a criminal or civil trial.
- Witness attendance — Being summoned by subpoena to give evidence as a witness.
- Party attendance — Attending court as a party to legal proceedings (e.g., an employment tribunal, family court, or small claims hearing).
- Civic duty — Serving as a foreman of the jury or performing other court-appointed roles.
The key principle across all jurisdictions is the same: you should not face adverse employment consequences for fulfilling your legal obligations. The specifics of pay, duration, and notice requirements, however, vary significantly.
Jury Leave: Your Rights
United Kingdom
The Juries Act 1974 governs jury service in England, Wales, and Scotland:
- Right to attend. Employers must allow employees to attend jury service for its full duration. You cannot be required to attend work during your service.
- Statutory jury pay. The court pays jurors £64.80 per day for the first 10 days and £131.64 per day for days 11–20 (2025/26 rates). After 20 days, pay increases to £170.16 per day (GOV.UK, Jury Service).
- Employer top-up. Many employers voluntarily top up the gap between statutory jury pay and the employee’s normal salary, though this is not legally required.
- Protection from dismissal. Dismissing an employee for attending jury service is automatically unfair dismissal. This protection applies regardless of the employee’s length of service (Employment Rights Act 1996, s.209).
- Deferral and excusal. If jury service would cause serious harm to your employer’s business, you can apply to the court for a deferral or excusal. Your employer can write to the court supporting this request.
United States
Jury leave laws vary by state:
| State | Paid/Unpaid | Duration | Notes |
|---|---|---|---|
| California | Paid (first 5 days) | Unlimited for actual service | Employers with 25+ employees must pay for first 5 days |
| New York | Paid (first 3 days) | Full jury service period | Employers with 10+ employees must pay for first 3 days |
| Illinois | Paid (first 5 days) | Full service period | Applies to employers with 15+ employees |
| Florida | Unpaid | Full service period | No employer pay requirement |
| Texas | Unpaid | Full service period | Employers may not penalise jurors |
| Federal | Varies | Full service period | Federal courts have their own jury pay provisions |
Witness Leave: Your Rights
Witness leave covers employees who are required to attend court as witnesses — either because they have been subpoenaised (legally compelled to attend) or because they are voluntarily giving evidence.
Subpoenaed Witnesses
If you receive a witness subpoena, you are legally required to attend. Employers must release you for the duration of your attendance, and most jurisdictions prohibit adverse employment action:
- UK: Witness attendance is treated similarly to jury service. Employers must release you, and dismissing you for attending would be potentially automatically unfair.
- US: Most states extend jury leave protections to subpoenaised witnesses. The key distinction is that witness attendance is typically shorter than jury service — usually a single day or a few days.
Voluntary Witnesses
If you choose to attend court as a witness (for example, to support a colleague’s employment tribunal claim or to give evidence in a civil case), your employer is generally not legally required to grant paid leave. However:
- Most employer policies cover voluntary witness attendance as a discretionary benefit.
- Refusing to allow voluntary witness attendance could create legal risk if the employee is giving evidence in a case related to workplace rights (e.g., discrimination or whistleblowing).
Party Attendance
If you are a party to legal proceedings — such as an employment tribunal, family court, or small claims case — the rules differ:
- UK: There is no statutory right to paid time off for personal legal proceedings (other than employment tribunals, which have specific protections).
- US: Many states do not require paid leave for personal court appearances, though some (California, New York) include party attendance in their jury leave provisions.
Pay Rules
| Scenario | UK Pay | US Pay (typical) |
|---|---|---|
| Jury service | Court pays statutory rate; employer may top up | State-specific: some require employer pay for first 3–5 days |
| Subpoenaised witness | Court may pay witness expenses; employer not required to pay | Varies by state; most employers pay normal salary |
| Voluntary witness | No statutory pay; employer discretion | No statutory pay; employer discretion |
| Personal court appearance | No statutory pay; employer discretion | No statutory pay; employer discretion |
Frequently Asked Questions
Can my employer fire me for jury service?
No. In the UK, dismissing an employee for attending jury service is automatically unfair under the Employment Rights Act 1996. In the US, all 50 states have laws protecting employees from adverse employment action for jury service. The protection applies regardless of the employee’s length of service.
Do I get paid during jury service?
In the UK, jurors receive statutory pay from the court (£64.80/day for the first 10 days). Many employers top up the difference between jury pay and normal salary, but this is voluntary. In the US, some states require employers to pay for the first 3–5 days (California, New York, Illinois), while others do not.
What if my employer pressures me to avoid jury service?
In both the UK and US, employer pressure to avoid jury service is unlawful. This includes telling you to claim hardship, requesting excusal on your behalf without your consent, or threatening consequences for attending. If this happens, document the interaction and seek advice from your employment lawyer or the court.
Can I use annual leave for jury service?
In most jurisdictions, you are not required to use annual leave for jury service — it is treated as a separate leave category. Your employer cannot force you to use holiday entitlement to cover jury service days. However, some employers allow employees to use annual leave if they prefer (for example, to top up jury pay to full salary).
How much notice should I give my employer?
As soon as you receive your jury summons or witness subpoena, notify your employer. In the UK, there is no statutory notice period for jury service, but early notification allows your employer to arrange cover. In some US states, advance notice of 1–5 days is required. Always provide a copy of your summons or subpoena.
This article is general information, not legal advice. Consult a qualified employment lawyer for guidance on your specific jurisdiction and circumstances.
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