Indiana Jury Duty/ Court Appearance laws & HR compliance analysis

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

Jury duty. It is unlawful for an employer to dismiss or threaten to dismiss an employee or deprive the employee of employment benefits because the employee has appeared or plans to appear in court pursuant to a summons to serve as a juror. A violation of this provision constitutes a misdemeanor (IN Code Sec. 35-44-3-10).
In addition, an employee dismissed for this reason may sue the former employer for wages lost and reinstatement plus attorneys' fees, provided the suit is filed within 90 days of discharge (IN Code Sec. 34-28-4-1).
Also, an employer may not subject an employee to any adverse employment action as the result of the employee’s jury service as long as the employee provides reasonable notice to the employer.
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Employers are likewise prohibited from requiring such an employee to use annual vacation or sick leave for time spent responding to a summons for jury service, participating in the jury selection process, or serving on a jury.
If an employer has 10 or fewer full-time employees and already has 1 employee performing jury service and another employee is selected as a potential juror, the court shall reschedule the prospective juror's jury service for a date that does not overlap with the jury service of the other employee (IN Code Sec. 33-28-5-24.3).
Excusal. Government officials, active members of the armed forces, and full-time police officers and firefighters are excused from jury duty.
People suffering from physical or mental illness that prevents them from performing the duties of a juror may request to be excused from jury duty.
A person so vital to a business or agricultural enterprise that it would be forced to close if he or she were not present may request excusal from jury duty.
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