Massachusetts: Jury Duty Leave and Pay Requirements
The short answer
Massachusetts generally requires a regularly employed trial or grand juror to receive regular wages from the employer for the first three days or part-days of service. Scheduled part-time, temporary, and casual workers are included; an employer may seek a court hardship excuse. The Commonwealth pays trial jurors $50 per day after day three and determines grand-juror payments up to $50. Employers may not force vacation or personal days or substantially interfere with service, and strong criminal, tort, injunction, treble-damages, fee, and contempt remedies apply. S1028 would raise several State payments to $100.
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This is the general rule in Massachusetts. Ezel applies current Massachusetts law to your specific facts and answers with citations to the statutes.
| Governing law | Mass. Gen. Laws ch. 234A, §§ 48-61, especially §§ 48, 49, 51, 53-54, 58, 60-61; ch. 268, § 14A |
|---|---|
| Jury service covered | Massachusetts trial and grand jury service; protection under ch. 234A, § 61 begins with receiving and responding to the summons and reaches obligations, elections, and rights under the jury chapter, while ch. 268, § 14A covers attendance or service as a grand or traverse juror |
| Employers and employees covered | First-three-days pay covers a 'regularly employed' trial or grand juror, including part-time, temporary, and casual employment when hours are reasonably determinable from a schedule or three-month custom/practice (ch. 234A, § 48). Self-employed jurors pay themselves; official guidance identifies unpredictable schedules, nonemployees, self-employment, and out-of-state work as special cases |
| Time-off entitlement | Employer may not deprive employment or its incidents/benefits, harass, threaten, or coerce because of summons or jury obligations, impose compulsory assignments, or intentionally substantially interfere with availability, effectiveness, attentiveness, or peace of mind during service (ch. 234A, § 61); discharge also triggers contempt (ch. 268, § 14A) |
| Employer-paid wages | Regular wages for first three days or part-days for a regularly employed trial or grand juror (ch. 234A, § 48), unless the court finds extreme employer financial hardship; then Commonwealth compensation up to $50 per day substitutes (ch. 234A, § 49). Trial jurors receive $50 per day from the Commonwealth after day three (§ 51); grand-juror State pay after day three is determined under §§ 53-54, capped at $50 per day |
| PTO and juror-fee treatment | Office of Jury Commissioner guidance says an employer may not force vacation or personal days for jury duty. If an employer voluntarily continues pay after day three, official compensation guidance says it may require the employee to turn over Commonwealth compensation as a condition. The statutes do not state a broader sick-leave rule |
| Employee notice and proof | Official guidance advises notifying the employer when the summons arrives and updating expected service length if impaneled. The Office sends a juror service certificate within 14 days after the last business day of each service week; a juror seeking employer compensation must tender the employer copy as soon as practical (ch. 234A, §§ 57-58). Pay suit begins only after 30 days from tender (§ 60) |
| Scheduling and return-to-work rules | No compulsory assignments or intentional substantial interference during service (ch. 234A, § 61). Official guidance: night-shift worker need not work beyond midnight before the first service day, may not work while impaneled, and need not work on the last day if released after 4:00 p.m.; after cancellation or early release, return if enough time remains, including time to go home and change into required attire |
| Job protection and remedies | Section 61 violation: crime punishable by fine up to $5,000 plus tort damages and appropriate injunction; treble damages and reasonable attorney's fees for willful conduct. Failure to pay is independently actionable 30 days after certificate tender, with possible treble damages and fees for willfulness (§ 60); employee elects § 60 or § 61 remedy for willful nonpayment. Discharge may be contempt under ch. 268, § 14A |
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Regular wages for the first three days
Mass. Gen. Laws ch. 234A, § 48 requires each regularly employed trial or grand
juror to receive regular wages from the employer for the first three days or
part-days of service. Regular employment includes part-time, temporary, and
casual work when the hours can reasonably be determined by a schedule or by
custom and practice during the three months before service.
A self-employed juror must compensate themself. Under § 49, an employer or
self-employed juror may ask the court to remove the first-three-days payment
duty based on extreme financial hardship. If granted, the Commonwealth pays
reasonable compensation in lieu of wages, capped at $50 per service day.
Commonwealth payment after day three
A trial juror receives $50 per day from the Commonwealth beginning on the
fourth day under § 51. Grand-juror compensation is individualized: the court
holds a private hearing and sets a rate up to $50 per day for the fourth and
later days under §§ 53-54.
Official compensation guidance says that if an employer voluntarily continues
pay after day three, it may require the employee to turn over Commonwealth
compensation as a condition of that continued pay.
No forced vacation or work interference
Section 61 prohibits compulsory work assignments and other intentional acts
that substantially interfere with the employee's availability, effectiveness,
attentiveness, or peace of mind during jury service. It also bars deprivation
of employment, incidents, or benefits and prohibits harassment, threats, and
coercion across summons receipt, response, service obligations, and rights
under the jury chapter.
The Office of Jury Commissioner says an employer cannot force vacation or
personal days for jury duty. It also provides specific scheduling guidance:
a night-shift employee need not work beyond midnight before the first service
day, may not work while impaneled, and need not work on the last day if the
court releases the juror after 4:00 p.m. After cancellation or early release,
the employee should return if enough time remains, including time to go home
and change into required work attire.
Certificate and enforcement
The Office of Jury Commissioner must provide a service certificate within 14
days after the last business day of each week served. A juror seeking employer
compensation must tender the employer copy as soon as practical after receipt.
Thirty days after tender, an unpaid juror may sue under § 60; willful conduct
may support treble damages and reasonable attorney fees.
Section 61 separately supplies a crime punishable by a fine up to $5,000 and a
tort action for damages and appropriate injunctive relief, with possible treble
damages and reasonable attorney's fees for willful conduct. A juror alleging
willful nonpayment elects the § 60 or § 61 civil path. Discharge or deprivation
of employment may also be punished as contempt under ch. 268, § 14A.
Pending compensation increase
S1028 would raise several Commonwealth payment and reimbursement caps from $50
to $100 and place trial and grand jurors under the same fourth-and-later-day
payment section. It would repeal the current individualized grand-juror payment
process in §§ 52-54. The bill would not change § 48's employer-paid regular
wages for the first three days.
What trips people up
Part-time does not mean excluded. A part-time, temporary, or casual employee is
regularly employed when hours are reasonably determinable under § 48.
The first three days and later days use different pay sources. The employer
generally owes regular wages first; Commonwealth compensation takes over under
the statutory rules after that.
Common questions
Must a Massachusetts employer pay for jury duty?
Generally yes, for the first three days or part-days of trial or grand jury
service for a regularly employed juror. A court may grant an extreme-financial-
hardship excuse.
Does the rule cover part-time employees?
Yes when their hours are reasonably determinable from a schedule or the prior
three months' custom and practice. Temporary and casual employees can qualify
on the same basis.
Can an employer require vacation days?
No, according to the Office of Jury Commissioner. Its guidance also bars
forcing personal days for jury duty.
What proof does the employer receive?
The Office provides a juror service certificate. An employee seeking employer
compensation must tender the employer copy as soon as practical after receipt.
Statutes and sources
- Mass. Gen. Laws ch. 234A, §§ 48-49: first-three-days regular wages, covered
employment, self-employment, and hardship substitution —
§ 48
and § 49
(accessed July 13, 2026). - Mass. Gen. Laws ch. 234A, §§ 51 and 53-54: Commonwealth trial- and grand-
juror compensation after day three —
§ 51,
§ 53,
and § 54
(accessed July 13, 2026). - Mass. Gen. Laws ch. 234A, §§ 58, 60-61: certificate, nonpayment action,
anti-interference protection, criminal and civil remedies —
§ 58,
§ 60,
and § 61
(accessed July 13, 2026). - Mass. Gen. Laws ch. 268, § 14A: discharge and contempt —
official text
(accessed July 13, 2026). - Office of Jury Commissioner: PTO, scheduling, return-to-work, and compensation
guidance — employment guidance
and pay guidance
(accessed July 13, 2026). - MA S1028: proposed $100 Commonwealth juror payments and simplified grand-
juror structure — official bill page
(checked July 13, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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