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Utah: Jury Duty Leave and Pay Requirements

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

The short answer

Utah protects an employee who receives or responds to a summons, serves as a juror or grand juror, or attends court for prospective jury service from loss of employment, threats, adverse action, or coercion. An employer may not require or request annual, vacation, or sick leave, but the statute does not generally require wage continuation. Violations are criminal contempt, and a discharged employee has 30 days to seek reinstatement, up to six weeks of lost wages, and reasonable attorney fees.

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

Governing lawUtah Code § 78B-1-116
Jury service coveredReceiving or responding to a summons, serving as juror or grand juror, and attending court for prospective jury or grand-jury service (§ 78B-1-116(1))
Employers and employees coveredEmployers and employees generally; no employer-size, tenure, full-time, or permanent-worker limit stated (§ 78B-1-116)
Time-off entitlementNo defined leave-duration sentence; employer cannot deprive employee of employment, threaten, take adverse action, or coerce employee because of covered jury activity (§ 78B-1-116(1))
Employer-paid wagesNo general employer wage-continuation requirement stated in § 78B-1-116; lost-wage remedy after unlawful discharge does not make ordinary jury leave paid
PTO and juror-fee treatmentEmployer may not require or request annual, vacation, or sick leave for summons response, selection, or service. Statute does not address voluntary PTO use or employer offset for juror fees (§ 78B-1-116(2))
Employee notice and proofNo employee notice deadline, summons-copy requirement, or attendance-proof rule stated in § 78B-1-116
Scheduling and return-to-work rulesNo night-shift rest window, same-day return requirement, or long-trial scheduling rule stated in § 78B-1-116
Job protection and remediesNo employment deprivation, threat, adverse action, or coercion for covered activity. Violation is criminal contempt punishable by up to $500, six months, or both. Discharged employee has 30 days to sue for reinstatement and up to six weeks' lost wages; prevailing employee receives reasonable attorney fees (§ 78B-1-116(1), (3)-(4))

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Protection begins with the summons

Utah protects an employee who receives or responds to a summons, serves as a
juror or grand juror, or attends court for prospective jury or grand-jury
service. An employer may not deprive the employee of employment, threaten the
employee, take an adverse employment action, or otherwise coerce the employee
about employment because of that activity.

The section states no employer-size, tenure, or full-time threshold. It also
states no employee notice deadline or required proof procedure.

No forced annual, vacation, or sick leave

An employer may not require or request annual, vacation, or sick leave for time
spent responding to a summons, participating in jury selection, or serving on a
jury. The statute does not require an employer to create those benefits for an
employee who is not otherwise entitled to them.

Section 78B-1-116 does not generally require wage continuation and does not
address voluntary PTO use or an employer offset for court-paid juror fees.

Criminal contempt and a 30-day civil action

An employer that violates the section is guilty of criminal contempt and, upon
conviction, may be fined up to $500, imprisoned for up to six months, or both.

If the employer discharges the employee, the employee has 30 days to bring the
express civil action. The court may order reinstatement and award lost wages,
but recoverable wage damages may not exceed six weeks. A prevailing employee
is allowed reasonable attorney fees fixed by the court.

What trips people up

Utah protects prospective service and grand-jury activity expressly; protection
does not wait until the employee is selected for a trial jury.

The civil filing window is only 30 days. The civil remedy is written for
discharge, while the criminal-contempt provision reaches any employer violation
of the section.

Common questions

Must a Utah employer pay wages during jury duty?

No general wage-continuation duty appears in § 78B-1-116. An employer policy or
agreement may provide paid jury leave.

Can the employer make the employee use vacation or sick leave?

No. The employer may not require or request annual, vacation, or sick leave for
the covered jury activity.

Does the protection cover a grand-jury summons?

Yes. The statute expressly names service and prospective service as a grand
juror.

How long does a discharged employee have to sue?

Thirty days under the express civil-action provision.

Statutes and sources

  • Utah Code § 78B-1-116(1)-(4): covered activity, no forced leave, criminal
    contempt, and discharge remedies —
    official text
    (accessed July 13, 2026).

Source links

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

Utah Code § 78B-1-116(1)-(4) · 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.

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