Pennsylvania: Jury Duty Leave and Pay Requirements
The short answer
Pennsylvania generally protects an employee who receives or responds to a jury summons, attends court for prospective service, or serves as a petit or grand juror, but the state statute excludes retail and service employers with fewer than 15 workers and manufacturers with fewer than 40. Covered employers may not take away employment, seniority, or benefits or threaten or coerce the employee, but they do not have to pay wages for the missed time. The statute does not expressly decide whether paid leave may be compelled.
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This is the general rule in Pennsylvania. Ezel applies current Pennsylvania law to your specific facts and answers with citations to the statutes.
| Governing law | 42 Pa.C.S. § 4563 (protection of employment of petit and grand jurors) |
|---|---|
| Jury service covered | Receiving a summons, responding to it, serving as a petit or grand juror, or attending court for prospective jury service (§ 4563(a)) |
| Employers and employees covered | Generally covered, but no § 4563(a) protection against a retail or service employer with fewer than 15 workers or a manufacturing employer with fewer than 40 (§ 4563(d)); an uncovered person may request to be excused from jury service (§ 4563(e)) |
| Time-off entitlement | Covered employer may not deprive the employee of employment, seniority, or benefits, or threaten or coerce the employee, because of the summons, response, prospective attendance, or service (§ 4563(a)) |
| Employer-paid wages | None. Section 4563(a) expressly says the employer need not compensate employment time lost because of jury service |
| PTO and juror-fee treatment | No express rule on compelled or voluntary vacation, sick leave, or other PTO, and no employer-wage offset rule for court-paid juror fees; the statute separately protects the employee's benefits |
| Employee notice and proof | No employee-to-employer notice deadline, written-notice form, summons-copy duty, or proof requirement stated in § 4563 |
| Scheduling and return-to-work rules | No night-shift rest period, same-day return rule, make-up-time rule, or long-trial scheduling protection stated in § 4563 |
| Job protection and remedies | Violation is a summary offense (§ 4563(b)); employee may sue for actual lost wages and benefits, reinstatement, and a reasonable attorney's fee, but damages cannot exceed wages and benefits actually lost (§ 4563(c)) |
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Protection depends on the employer's industry and size
Pennsylvania's § 4563(a) covers the full state-jury sequence: receiving a
summons, responding, attending court as a prospective juror, and serving as a
juror. A covered employer may not take away the employee's job, seniority, or
benefits, or use threats or coercion because of that activity.
Section 4563(d) creates two important exceptions. The protection does not
apply to a retail or service employer with fewer than 15 workers or a
manufacturing employer with fewer than 40. The statute does not create a
general small-employer exception for every other industry. A person excluded
from reemployment protection by those thresholds has a statutory right, upon
request, to be excused from jury service under § 4563(e).
Unpaid time and statutory silence on PTO
The statute is explicit about wages: nothing in § 4563(a) requires an employer
to compensate time lost because of jury service. An employer policy or
collective-bargaining agreement may provide more, but the state-law floor is
unpaid.
Section 4563 protects "benefits," but it does not expressly say whether an
employer may require use of vacation, sick leave, or another paid balance. It
also sets no notice deadline, summons-copy rule, proof requirement, shift-rest
period, same-day return rule, or make-up-time rule. Those questions should not
be filled in from the statute's general protection language.
Enforcement
An employer that violates § 4563(a) commits a summary offense under
§ 4563(b). The employee may also bring the civil action created by § 4563(c)
for wages and benefits actually lost and an order of reinstatement. Recoverable
damages may not exceed the actual lost wages and benefits, and a prevailing
employee receives a reasonable attorney's fee fixed by the court.
What trips people up
The small-employer exception is industry-specific. A 12-worker retailer or
service business is excluded, as is a 35-worker manufacturer; the statute does
not say that every employer under 15 or every employer under 40 is excluded.
No-pay status does not eliminate job protection. For a covered employer,
Pennsylvania permits wage withholding but still protects employment,
seniority, and benefits and prohibits threats or coercion.
Common questions
Must a Pennsylvania employer pay wages during jury duty?
No. Section 4563(a) expressly says the employer is not required to compensate
the employee for time lost because of jury service.
Does the law protect someone who only reports for jury selection?
Yes. The statute covers receiving and responding to the summons and attending
court for prospective jury service, not just being selected for a jury.
Can the employer require PTO?
Section 4563 does not expressly answer that question. It protects benefits but
does not state a rule specifically governing vacation, sick leave, or other
paid time.
What can an employee recover after an unlawful firing?
The employee may seek reinstatement, actual lost wages and benefits, and a
reasonable attorney's fee. The statute caps damages at the wages and benefits
actually lost.
Statutes and sources
- 42 Pa.C.S. § 4563(a)-(e): protected activity, unpaid-time rule, summary
offense, civil remedies, industry-and-size exceptions, and right to request
excuse — official text
(accessed July 13, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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