West Virginia: Jury Duty Leave and Pay Requirements
The short answer
West Virginia protects the job but not wages. An employee discriminated against because of a jury summons or jury service may sue the employer in circuit court, which can order the practice stopped and reinstatement with or without back pay. The statute expressly does not require the employer to pay wages for time actually away for jury service, but the employer also may not cut the employee's regular pay for time the employee was not away. A violating employer is guilty of civil contempt and fined $100 to $500, and a prevailing employee recovers attorney's fees.
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This is the general rule in West Virginia. Ezel applies current West Virginia law to your specific facts and answers with citations to the statutes.
| Governing law | W. Va. Code § 52-3-1 (right of action for discrimination against employees summoned for jury duty) |
|---|---|
| Jury service covered | Receiving or being served with a summons for jury duty, being absent to respond to a summons, and serving on any jury in a court of West Virginia, the United States, or any state (§ 52-3-1(a)) |
| Employers and employees covered | Written as a flat protection for any 'employee' against 'his employer'; § 52-3-1 states no employer-size, tenure, or classification gate |
| Time-off entitlement | The absence to respond to a summons and to serve is protected against employer discrimination: an employer may not terminate or threaten to terminate the employee because of jury service (§ 52-3-1(a)). The section bars retaliation rather than fixing a quantity of leave |
| Employer-paid wages | None for time away. Section 52-3-1(b) states nothing 'shall be construed to require an employer to pay an employee any wages or other compensation for the time the employee is actually away from employment for jury services.' But the employer may not decrease the employee's regular compensation for time the employee was not actually away (§ 52-3-1(a)) |
| PTO and juror-fee treatment | Section 52-3-1 does not authorize compelling use of vacation, personal, or sick leave for jury days, and does not address crediting the court's juror fee against any wages an employer chooses to pay |
| Employee notice and proof | Section 52-3-1 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, night-shift excusal, minimum-release period, or long-trial rule appears in § 52-3-1 |
| Job protection and remedies | An employee discriminated against for jury service may sue in the circuit court where the summons originated or the discrimination occurred; the court may order the employer to cease and desist and grant affirmative relief, including reinstatement with or without back pay. A prevailing employee recovers reasonable attorney's fees, and a violating employer is guilty of civil contempt and fined $100 to $500 (§ 52-3-1(a), (c), (d)) |
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Protected job, unpaid time away
West Virginia's rule for employees called to jury service is W. Va. Code § 52-3-1. It
gives an employee who is discriminated against because of a jury summons or jury
service the right to sue the employer in circuit court — in the county where the
summons originated or where the discrimination happened. The protection reaches the
whole process: receiving or being served with a summons, being absent to respond to
one, and serving on any jury in a state, federal, or other court.
The statute does two things on pay, and it is important to keep them straight. It does
not require the employer to pay wages for the time the employee is actually away for
jury service (subsection (b)). But it also bars the employer from cutting the
employee's regular compensation for time the employee was not away — an employer may
not, for example, dock the pay the employee earned for hours actually worked as a way
of penalizing jury service (subsection (a)). So West Virginia is a protected-but-unpaid
state for the jury time itself, with an anti-retaliation guard on the pay for time
worked.
PTO, notice, and scheduling
Section 52-3-1 does not let an employer force an employee to use vacation, personal, or
sick leave for the jury days, and it does not address crediting the court's juror fee
against any wages the employer chooses to pay. Those choices are left to the employer's
policy.
The section sets no advance-notice deadline, requires no particular written notice, and
does not spell out a right to produce a copy of the summons. It contains no rule about
shift rest, release time, or long trials. As a practical matter, an employee should
still notify the employer promptly and keep the summons.
Enforcement
West Virginia pairs a civil suit with a criminal-style sanction. In the employee's
circuit-court action, the court may order the employer to cease and desist and grant
affirmative relief, "including, but not limited to, reinstatement of the employee with
or without back pay." A prevailing employee recovers reasonable attorney's fees.
Separately, an employer that discriminates against an employee for jury service is
guilty of civil contempt and must be fined between $100 and $500.
What trips people up
The two pay rules look contradictory but are not. The employer owes nothing for the
hours the employee spends at the courthouse (subsection (b)), yet it may not shave the
employee's regular pay for the hours the employee actually worked (subsection (a)).
Framing a jury absence as a reason to cut earned wages is exactly what the statute
forbids.
Back pay is discretionary, not automatic. The court "may" order reinstatement "with or
without back pay," so an employee should not assume a fired-for-jury-duty case
guarantees a full back-pay award; the relief is shaped to the case.
Common questions
Can a West Virginia employer fire me for serving on a jury?
No. Terminating or threatening to terminate an employee because of a jury summons or
service is unlawful, and the employee may sue in circuit court.
Does my employer have to pay me for jury duty?
Not for the time you are actually away serving. But the employer cannot cut your
regular pay for time you were not away as a penalty for jury service.
What can the court order if I win?
It can order the employer to stop the practice and grant relief including reinstatement
with or without back pay, plus reasonable attorney's fees.
Is there a penalty on the employer?
Yes. A violating employer is guilty of civil contempt and fined between $100 and $500.
Statutes and sources
- W. Va. Code § 52-3-1: gives a jury-service discrimination right of action in circuit
court with cease-and-desist and reinstatement relief, bars cutting regular pay for
time not away, requires no pay for time actually away, and makes a violation civil
contempt fined $100-$500 with attorney's fees —
W. Va. Legislature official code citation
(accessed July 13, 2026, via the official-page web.archive.org snapshot; cross-checked
against the Justia 2025 West Virginia Code mirror).
Source links
Every statute quoted above, linked, with the date we checked it.
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