Jury Duty Leave in Massachusetts: Employer Obligations & Your Rights

Federal law protects jurors from employer retaliation under 28 U.S.C. section 1875, which applies to federal court cases. This law prohibits employers from discharging, threatening, intimidating, or coercing any employee because of jury service. The federal statute covers all employers engaged in interstate commerce with at least one employee, making it nearly universal in application.

Under federal law, employers cannot request an employee's presence at work during a period when the employee is summoned, ordered, or requested to serve as a juror in federal court. The law does not, however, mandate that employers pay employees during jury duty—that is left to state law. The EEOC does not enforce this statute; rather, private lawsuits are the primary remedy. An employee can sue an employer for damages (including lost wages, emotional distress, and punitive damages in cases of knowing violation) if retaliated against for federal jury service.

Massachusetts General Laws chapter 234, section 62 provides significantly stronger protections than federal law. The statute explicitly prohibits employers from discharging, threatening, intimidating, coercing, or in any way discriminating against any employee because that employee serves on a jury or receives a jury summons.

Massachusetts law covers all employers in the state, regardless of size or interstate commerce involvement—a broader reach than federal law which applies primarily to interstate commerce. The statute protects employees not only during actual jury service but also when they receive a summons or are called to report for jury selection, recognizing that the burden begins before trial participation.

Under Massachusetts law, employers must grant employees leave to serve on jury duty. While the statute does not explicitly mandate paid leave, Massachusetts General Laws chapter 149, section 150 addresses compensation. For employees earning less than $50 per day, the employer must pay the difference between jury duty compensation (typically $50 per day for the first three days, then reduced amounts thereafter) and the employee's normal wages. For higher-earning employees, employers are not required to supplement jury pay, but many large employers provide paid leave as a matter of practice.

Massachusetts law creates a private right of action for violations, allowing employees to sue employers directly for retaliation. Remedies include back pay, front pay, emotional distress damages, and punitive damages when the employer's violation is knowing or reckless. The state also permits complaints to the Massachusetts Attorney General's Office, which can investigate and take enforcement action.

Massachusetts law contains no employer size exceptions—all employers, including sole proprietorships and very small businesses, are bound by the jury duty protection statute. No industry carve-outs exist; government employees, private sector workers, and non-profit employees all receive identical protection.

However, the statute does not protect an employee from discipline for job abandonment or misconduct if the employee fails to notify the employer of jury duty obligations or fails to return to work when the jury duty ends, provided the employer can prove the employee's conduct falls outside the scope of jury service. For example, if an employee knowingly fails to disclose a jury summons and is absent without explanation, an employer might pursue discipline for unexcused absence rather than jury duty retaliation—though such a distinction is narrow and requires careful proof.

At-will employment principles do not override jury duty protections in Massachusetts. Even at-will employees cannot be terminated for jury service. The statute creates an exception to at-will doctrine specifically for jury duty.

Union and collective bargaining agreements may provide additional paid leave or enhanced protections beyond the statutory minimum, but unions cannot waive the core protection against retaliation. Additionally, if an employee is temporarily laid off or the employer claims business necessity closures, Massachusetts courts examine whether the timing coincides suspiciously with jury duty disclosure to determine if retaliation is the true motivating factor.

Step 1: Document Everything. Keep copies of the jury summons, court notification letters, and any written communication with your employer about jury duty. Record dates when you informed your employer, the names of managers or HR personnel you spoke with, and the substance of those conversations. If your employer made threatening statements, write down the exact words, date, time, and any witnesses. Save all performance reviews, emails, and disciplinary records—retaliation often appears as sudden negative performance ratings or write-ups immediately after jury duty disclosure.

Step 2: Notify Your Employer Immediately. Inform your employer of the jury summons as soon as you receive it, preferably in writing via email to create a paper trail. Provide a copy of the summons and the expected court date. Give your employer reasonable notice of when you must report to court and your expected return date (if known). Request the time off and confirm in writing that your employer acknowledges receipt of the notification. Do not attempt to hide jury duty from your employer or ignore the summons; concealment weakens any later retaliation claim and may result in contempt of court.

Step 3: File a Complaint with Massachusetts Attorney General's Office. If your employer retaliates—by firing, demoting, cutting hours, reducing pay, or otherwise discriminating against you—contact the Massachusetts Attorney General's Office, Civil Rights Division, at 617-963-2917 or visit mass.gov/ago. You can file a complaint without a lawyer. Provide your summons, proof of jury service or court-directed attendance, your job termination or disciplinary notice, dates of employment, your regular duties and pay, and documentation of the retaliation (termination letter, adverse performance review, etc.). The Attorney General typically investigates complaints within 30–90 days. Alternatively, file a private lawsuit in Superior Court (state court, not federal unless federal jury duty is involved) within three years of the retaliation, though timing is critical—consult an attorney immediately after retaliation occurs to preserve evidence and filing deadlines.

Step 4: Expect Investigation and Discovery Process. If the Attorney General opens an investigation, the office will contact your employer for a statement. Your employer may claim the termination was for legitimate, independent reasons—performance issues, downsizing, misconduct, etc. You will be asked to produce evidence that jury duty was the actual or substantial motivating factor. The investigation typically takes 60–120 days. If the Attorney General finds probable cause of retaliation, the office may negotiate a settlement or refer the matter for prosecution. Private lawsuits follow civil procedure rules: discovery (exchange of documents and witness statements), possible motion practice, and trial if settlement is not reached (average timeline 12–24 months).

Step 5: Consult an Employment Law Attorney. Contact a Massachusetts employment lawyer specializing in retaliation cases immediately after retaliation occurs—do not wait. An attorney can: (1) review whether your situation meets the statutory definition of retaliation, (2) advise on whether to file an administrative complaint first or proceed directly to civil court, (3) preserve evidence (advise on document retention, witness interviews), (4) calculate damages (lost wages, emotional distress, punitive damages), and (5) represent you in settlement negotiations or trial. Many employment attorneys work on contingency (no upfront cost; attorney takes a percentage of recovery), making legal representation affordable. Organizations like the Massachusetts Bar Association Lawyer Referral Service (mass.gov/lawyerreferral) can help identify qualified counsel.