Omar Bennett
While jury duty is a civic responsibility, it can sometimes cause undue hardship for citizens, especially when it comes to employment. Each court has its own procedures and policies regarding jury service excuses, and what constitutes an employment hardship. Generally, citizens can be excused from jury duty if they can prove financial hardship, physical or mental disability, caregiving responsibilities, transportation issues, or other special circumstances. Employees can request a letter from their employer stating that they will not be compensated for their jury duty and that it would result in financial hardship. In some cases, employees may be able to postpone their jury service to a later date or make alternative arrangements with the court to minimize the impact on their employment.
| Characteristics | Values |
|---|---|
| Financial hardship | No compensation from the employer during jury duty |
| Medical reasons | Doctor's note required |
| Care for another | Care for a dependent, including children, sick, aged or infirm dependents |
| Active military duty | |
| Job concerns | Time to make necessary arrangements |
| Student | Submit current school schedule |
| Teacher | Deferred to summer months or when school is not in session |
| Age | Over 70 |
| Prior jury service | Served on a federal jury within the past two years |
| Volunteer work | Volunteer firefighters or members of a rescue squad or ambulance crew |
| Transportation | No reasonably available means of transportation to the court |
| Distance | Travel distance exceeds one-and-a-half hours |
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What You'll Learn
Financial hardship
In California, a prospective juror may be excused due to financial hardship if they will "bear an extreme financial burden." This could include travel expenses if the juror has to travel an excessive distance, defined as more than one and a half hours from their home to the court. Financial hardship may also be considered in combination with other factors, such as caregiving responsibilities. For instance, if a prospective juror needs to provide care for a dependent and no comparable substitute care is available or affordable, this could be grounds for exemption.
While financial hardship is a valid reason for exemption, judges must also consider the fairness to other potential jurors and ensure a sufficient number of panelists for the trial. Therefore, deferral is often preferred to excusal. Prospective jurors may be allowed to reschedule their service without providing a reason, or they may be able to request a specific deferral date. For example, the Michigan courts adopted a best practice of preferring deferrals to excusals, allowing individuals to serve at a later date when they are willing and able to do so.
It is important to note that jury duty is considered a duty of citizenship, and exemptions due to financial hardship are typically granted in extreme cases. Judges may view jury service as a responsibility that requires sacrifice, and they may grant exemptions only in exceptional circumstances, such as unexpected deaths in the family or medical emergencies. Additionally, students and the self-employed are generally not exempt from jury service, and there are no occupational exemptions from this civic obligation.
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Medical reasons
While every court may have the option to allow hardship claims, each court has its own jury procedures and policies regarding jury service excuses. Thus, the reasons that constitute a hardship exemption differ across jurisdictions. Here are some general reasons that are widely considered valid for medical hardship exemptions:
- If serving on a jury would cause a substantial risk of injury to the health of the person, as documented by a physician.
- If the prospective juror has a physical or mental disability or impairment that affects their competence to act as a juror and would expose them to an undue risk of mental or physical harm.
- If the prospective juror is aged 70 or older, they may be excused but may still be required to furnish verification or a method of verification of the disability or impairment, its probable duration, and the particular reasons for their inability to serve as a juror.
- If the prospective juror has sole responsibility for the daily care of a sick, aged, or infirm dependent, or a child who requires the prospective juror's personal care and attention, and no comparable substitute care is either available or practical without imposing an economic hardship on the juror or the person cared for.
- If the prospective juror is a mother of a breastfeeding child responsible for the daily care of that child and not otherwise employed outside the home.
It is important to note that to claim a medical hardship exemption, prospective jurors may need to provide documentation from a healthcare provider or a doctor's letter stating that they are unable to serve due to a medical condition.
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Caregiver responsibilities
If you are a caregiver, you may be able to request to be disqualified or excused from jury duty. However, the specific requirements vary depending on your jurisdiction.
In Massachusetts, for example, you can request a caregiver disqualification from jury duty if you are the sole caregiver for a person with a medical disability in your household. To be disqualified, you must be solely responsible for the daily care of a person with a permanent disability living in the same household. This does not include children or others who are not permanently disabled. To request a sole caregiver disqualification, you or the registered physician or Christian Science Practitioner for the person with a medical disability will need to submit a letter. The doctor's letter should include the practitioner's opinion that serving jury duty would cause a substantial health risk to the person with the medical disability and confirmation that you don't work outside your home.
In Oklahoma, individuals over a certain age can request exemption from jury duty. Citizens over the age of 70 can be exempt from jury service and simply need to contact the jury office and inform them that they are over 70 and wish to be exempt.
In other jurisdictions, you may need to provide documentation or a letter from a doctor to support your request to be excused from jury duty due to caregiver responsibilities. It is important to contact the relevant office or court to understand the specific requirements and processes for requesting an exemption or disqualification.
It is worth noting that some sources suggest that judges may only grant hardship excuses in extreme cases, such as unexpected deaths in the family or medical emergencies. However, this may vary depending on the jurisdiction and the specific circumstances of each case.
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Military duty
Military service can often place a strain on the personal and family lives of service members. In recognition of this, there are laws in place to protect the job rights of individuals who leave their employment to undertake military service. The US Department of Labor outlines the rights of returning service members under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
USERRA requires employers to promptly reemploy persons returning from military service, with priority given to reinstating them in the job they would have had if they had not been absent, so long as they are qualified for the role. If the employee is not qualified, the employer must make reasonable efforts to enable them to qualify, such as providing training. If the employee is still unable to qualify, they must be reemployed in a position of equivalent seniority, status, and pay.
USERRA also sets out time limits for returning to work. For less than 31 days of service, employees must return by the beginning of the first regularly scheduled work period after the end of the calendar day of duty, plus time for safe travel home and an eight-hour rest period. For 31 to 180 days of service, employees must apply for reemployment within 14 days of completing their military service. For 181 days or more, employees must apply within 90 days.
In addition to these protections, service members experiencing extreme personal or financial difficulties may be eligible for a Hardship Discharge, which releases them from their military commitment. This could be due to financial issues, such as bankruptcy or foreclosure, or personal issues, such as medical or emotional problems, that seriously impact their ability to serve. To be granted a discharge, the hardship condition must be severe and ongoing, and all other means of attempting to solve the problem must have been exhausted. The decision to grant a Hardship Discharge is made by the military, and it allows individuals to access certain VA benefits.
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Student status
While being a student won't automatically excuse you from serving jury duty, it can be considered a form of employment hardship. Jury duty rules vary among states and even courts within a state, and federal courts have their own rules. However, many states allow students to postpone their service until school is not in session, typically during the summer or winter breaks. This is known as a deferral.
To request a deferral, you will need to provide proof of your full-time student status, such as a student ID or other documentation. Contact the court office using the phone number provided on your summons and ask to reschedule your jury duty. It is helpful to have your school schedule handy so that you can inform them of your availability during breaks.
If you are unable to get a deferral or if your circumstances present an undue hardship, you may be able to request an exemption from jury duty. Undue hardship refers to circumstances that make it unfair for you to serve, such as a lack of transportation or the inability to take time off from work or school. You will need to submit a written request to the clerk or judge, explaining your reasons for seeking an exemption and providing any supporting documentation.
It is important to note that jury service is mandatory, and failing to appear as summoned may result in contempt of court, leading to fines or even jail time. Therefore, it is essential to follow the instructions on your summons and keep track of the status of your request for a deferral or exemption. If your request is denied, you are still expected to appear on the specified date.
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Frequently asked questions
An employment hardship for jury duty is when serving on a jury would result in a financial loss for the juror. For example, if the juror's employer does not compensate them for their time on jury duty.
To prove employment hardship, a letter from the employer stating that the employee will not be compensated for their time on jury duty is usually required. This letter should be signed by both the employer and the employee and may need to be submitted on company letterhead, along with a copy of the business license or a business card.
If you own a small business, you may be able to request a deferral if serving jury duty would result in a financial loss for your business. In your letter, describe in detail why you need a deferral and provide information about your business.
Yes, there are several other reasons that may be considered a hardship, including medical emergencies, unexpected deaths in the family, care for dependents, active military duty, and more.
