Delaware: Jury Duty Leave and Pay Requirements
The short answer
Delaware protects the job but not the paycheck. An employer may not deprive an employee of employment, or threaten or otherwise coerce the employee, because the employee is summoned, responds, serves as a juror, or attends court for prospective jury service. The statute does not require the employer to pay wages. A violation is criminal contempt, and an employee discharged in violation may sue in Superior Court within 90 days for lost wages and reinstatement, with attorney fees if the employee prevails.
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This is the general rule in Delaware. Ezel applies current Delaware law to your specific facts and answers with citations to the statutes.
| Governing law | 10 Del. C. § 4515 (protection of jurors' employment) |
|---|---|
| Jury service covered | Receiving a summons, responding, serving as a juror, or attending court for prospective jury service (§ 4515(a)) |
| Employers and employees covered | Written as a flat duty of any 'employer' toward any 'employee'; the section states no employer-size, tenure, or full-time gate |
| Time-off entitlement | Employer shall not deprive an employee of employment, or threaten or otherwise coerce the employee, because of the covered jury service (§ 4515(a)); the absence is protected |
| Employer-paid wages | None. Section 4515 contains no wage-continuation requirement; Delaware does not require a private employer to pay wages for jury service |
| PTO and juror-fee treatment | The section does not authorize compelling use of vacation, sick, or other paid leave and does not address offsetting court juror fees against wages |
| Employee notice and proof | Section 4515 imposes no express advance-notice period, written-notice form, or summons-copy requirement on the employee |
| Scheduling and return-to-work rules | No shift-rest window, minimum-release period, same-day-return limit, or long-trial rule appears in § 4515 |
| Job protection and remedies | A violation is criminal contempt, punishable on conviction by a fine up to $500 or up to 6 months' imprisonment, or both (§ 4515(b)); an employee discharged in violation may file a civil action in Superior Court within 90 days for lost wages and reinstatement, with a reasonable attorney's fee if the employee prevails (§ 4515(c)) |
Compare this rule across all 50 states + DC →
Protected job, no required pay
Delaware's jury-employment rule is 10 Del. C. § 4515. An employer may not
deprive an employee of employment, or threaten or otherwise coerce the employee,
because the employee receives a summons, responds to it, serves as a juror, or
attends court for prospective jury service. The protection covers threats and
coercion, not only an actual discharge.
The statute does not require pay. Delaware is a protected-but-unpaid state: an
employer may keep paying wages voluntarily or under a policy, but § 4515 does not
command wage continuation.
Enforcement: criminal contempt and a 90-day suit
A violation is criminal contempt. On conviction, the employer may be fined up to
$500 or imprisoned up to six months, or both (§ 4515(b)). Separately, an employee
who is discharged in violation may file a civil action in Superior Court within
90 days for lost wages and an order of reinstatement, and a prevailing employee
is allowed a reasonable attorney's fee (§ 4515(c)).
The 90-day window is short and runs from the discharge, so an employee fired for
jury service should move quickly.
PTO, notice, and scheduling are not addressed
Section 4515 does not say whether an employee may use vacation or sick leave, and
it does not let an employer force use of paid time off. It sets no advance-notice
deadline and does not require the employee to produce a copy of the summons, and
it contains no rule about shift rest, release time, or long trials. Those details
are left to the employer's own policy.
What trips people up
"Protected" is not "paid." An employee cannot be fired, threatened, or coerced
over jury service, but a Delaware private employer is not required to keep paying
wages during it. Federal court jury service is separately protected by federal
law, which similarly does not require pay.
The civil remedy in § 4515(c) is specifically a discharge remedy filed in
Superior Court within 90 days. A different kind of penalty, such as a threat that
stops short of firing, is addressed by the criminal-contempt provision.
Common questions
Can a Delaware employer fire me for jury duty?
No. The employer may not deprive you of employment, or threaten or coerce you,
because of a summons, response, service, or prospective service.
Will I be paid during jury service?
Not by force of this statute. Delaware does not require a private employer to pay
wages for jury service, though many employers do.
What can I recover if I am fired for serving?
Lost wages and reinstatement through a Superior Court action filed within 90
days, plus a reasonable attorney's fee if you prevail.
Can my employer make me use vacation days?
The statute does not authorize forcing use of paid time off; whether jury days
come out of a PTO bank turns on the employer's policy.
Statutes and sources
- 10 Del. C. § 4515: protection of jurors' employment, the criminal-contempt
penalty, and the 90-day Superior Court action for lost wages, reinstatement,
and attorney fees —
Justia mirror of the 2025 Delaware Code
(accessed July 13, 2026); cross-checked against
FindLaw
(current as of Jan. 1, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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