Georgia Jury Duty/ Court Appearance laws & HR compliance analysis

Georgia Jury Duty/ Court Appearance: What you need to know

Georgia law prohibits employers from threatening, discharging, or otherwise penalizing employees who have been called to jury duty or subpoenaed to appear at judicial proceedings, except criminal proceedings against the employee. Employers may require employees to give reasonable notification of an expected absence or tardiness for attendance at a judicial proceeding.
An employer that violates this provision may be liable for damages and reasonable attorneys' fees (GA Code Sec. 34-1-3).
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
Georgia courts have held that an employee is not required to prove that a court order or subpoena mandating their appearance was actually enforceable in order to assert a claim under the jury duty statute. Rather, the plaintiff need only show that the order was facially valid so that a reasonable employee would have understood it to mandate compliance ( Thomas v. HL-A-Co., 313 Ga. App. 94 (2011) ).
Private employers. According to an opinion by the state's Attorney General, an employee is entitled to be paid his or her salary while missing work to serve on jury duty (GA Atty. Gen. Op. No. 89-55 (1989)).
Some courts pay jurors a small fee, and the employer may offset any amounts received by an employee for a particular week against the salary due for that particular week.
State employers. Under state Personnel Board Rules, a state employee is entitled to his or her regular pay for time spent on jury or witness duty or for any other proceeding for which the employee is summoned or subpoenaed to appear in any federal, state, or local court.
Such leave should have no effect on any report of the employee’s performance. Also, such leave should include both the time that the ...

Read more about Jury Duty/ Court Appearance