🧪 TEST MODE ACTIVE Use test card: 4242 4242 4242 4242

North Dakota: Jury Duty Leave and Pay Requirements

verified against the statute 2026-07-13 1 statute source

The short answer

North Dakota protects the job but not the paycheck. An employer may not deprive an employee of employment, lay the employee off, or penalize, threaten, or otherwise coerce the employee because the employee is summoned, responds, serves as a juror, or attends court for jury service. The statute does not require the employer to pay wages. A violation is a class B misdemeanor, and an employee discharged in violation may sue within 90 days for lost wages, capped at six weeks, and reinstatement, with attorney fees if the employee prevails.

Ask Ezel about your situation

This is the general rule in North Dakota. Ezel applies current North Dakota law to your specific facts and answers with citations to the statutes.

Governing lawN.D.C.C. § 27-09.1-17 (protection of jurors' and witnesses' employment)
Jury service coveredReceiving a summons or subpoena, responding, serving as a juror or witness, or attending court for jury service or to give testimony (§ 27-09.1-17(1)); witness service shares the section but is outside this survey
Employers and employees coveredWritten as a flat duty of any 'employer' toward any 'employee'; the section states no employer-size, tenure, or full-time gate
Time-off entitlementEmployer may not deprive an employee of employment, lay off, penalize, threaten, or otherwise coerce the employee because of the covered jury service (§ 27-09.1-17(1)); the absence is protected
Employer-paid wagesNone. Section 27-09.1-17 contains no wage-continuation requirement; North Dakota does not require a private employer to pay wages for jury service
PTO and juror-fee treatmentThe 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 proofThe section imposes no express advance-notice period, written-notice form, or summons-copy requirement on the employee
Scheduling and return-to-work rulesNo shift-rest window, minimum-release period, same-day-return limit, or long-trial rule appears in § 27-09.1-17
Job protection and remediesA violation is a class B misdemeanor (§ 27-09.1-17(2)); an employee discharged in violation may bring a civil action within 90 days for lost wages and reinstatement, with recoverable damages capped at lost wages for six weeks, plus a reasonable attorney's fee if the employee prevails (§ 27-09.1-17(3))

Compare this rule across all 50 states + DC →

Protected job, no required pay

North Dakota puts its jury and witness employment protection in one statute,
N.D.C.C. § 27-09.1-17. An employer may not deprive an employee of employment,
lay the employee off, or penalize, threaten, or otherwise coerce the employee
because the employee receives a summons, responds to it, serves as a juror (or
witness), or attends court for jury service. The list of prohibited employer
actions is broad, reaching a layoff and coercion, not just an outright firing.

The statute does not require pay. North Dakota is a protected-but-unpaid state:
an employer may keep paying wages voluntarily or under a policy, but
§ 27-09.1-17 does not command wage continuation.

Remedies, including a six-week damages cap

A violation is a class B misdemeanor (§ 27-09.1-17(2)). Separately, an employee
who is discharged in violation may bring a civil action within 90 days for lost
wages and an order of reinstatement. North Dakota caps the recoverable damages:
they "may not exceed lost wages for six weeks." A prevailing employee is allowed
a reasonable attorney's fee set by the court (§ 27-09.1-17(3)).

That six-week ceiling is the feature to notice. Even where a discharge clearly
violated the statute, the lost-wage recovery is limited, with reinstatement and
attorney fees doing much of the practical work.

PTO, notice, and scheduling are not addressed

Section 27-09.1-17 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 gaps are filled by the employer's own policy.

What trips people up

The 90-day window to sue is short and runs from the discharge. An employee fired
for jury service should not wait to act.

The damages cap is easy to miss. "Lost wages" recovery is limited to six weeks,
so the statute is not a route to open-ended back pay; its strength is the
criminal penalty, reinstatement, and fee recovery.

Common questions

Can a North Dakota employer fire me for jury duty?

No. The employer may not deprive you of employment, lay you off, or penalize,
threaten, or coerce you for a summons, response, service, or attendance.

Will I be paid during jury service?

Not by force of this statute. North Dakota does not require a private employer to
pay wages for jury service, though an employer may choose to.

How much can I recover if I am fired for serving?

Lost wages, but capped at six weeks, plus reinstatement and reasonable attorney
fees if you prevail. You must sue within 90 days of the discharge.

Does this cover witnesses too?

The section also protects witnesses and subpoenaed testimony, but this survey
compares jurors; separate rules govern witness and subpoena leave.

Statutes and sources

  • N.D.C.C. § 27-09.1-17: protection of jurors' (and witnesses') employment, the
    class B misdemeanor penalty, and the 90-day civil action with a six-week
    lost-wage cap and attorney fees —
    official North Dakota Century Code chapter PDF
    (accessed July 13, 2026); text cross-checked against
    FindLaw
    and the Justia 2025 North Dakota Century Code.

Source links

Every statute quoted above, linked, with the date we checked it.

N.D.C.C. § 27-09.1-17 · accessed 2026-07-13
This page is general legal information about state-law workplace rights for employees summoned for or serving on a jury, not legal advice about your summons, pay, leave balance, or employment dispute. Jury-service coverage, employee classification, employer size, notice, work schedule, and the court involved can change the result. Court-paid juror fees are different from wages an employer may owe, and separate rules govern witnesses, subpoenas, public employees, and local leave ordinances. Verified against the official statute text on the date shown; confirm current law or consult the court, state labor agency, or a licensed attorney before relying on it.

Get the answer for your situation

You just read how North Dakota handles this in general. Ezel applies current North Dakota law to your facts and answers your specific question, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.