South Carolina Jury Duty/ Court Appearance laws & HR compliance analysis

South Carolina Jury Duty/ Court Appearance: What you need to know

Jury duty and court appearances. South Carolina prohibits employers from dismissing, demoting, suspending, reducing the wages or benefits of, or otherwise retaliating against employees because they serve on juries or comply with a subpoena to testify in a court or administrative proceeding.
An employer that dismisses an employee in violation of this provision could be ordered to pay the employee a year's salary; damages for demotion are limited to 1 year's worth of the difference in wages before and after the demotion (SC Code Sec. 41-1-70).
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Private employers. State law does not require private employers to pay employees for absences caused by jury duty or court appearances.
State employers—jury duty. State employees must be granted paid leave for jury duty. Any jury fees and travel payment are retained by the employee. This leave does not apply to agencies whose employees are exempt from jury duty by law.
An employee who is excused from jury duty and was not required to be at court the number of hours equal to the employee’s workday is required to return to the job according to arrangements between the employee and the agency. However, the employee can only be required to work on any given day the number of hours that equal the employee’s work schedule, minus the hours required to be at court.
State employers—court appearance. Likewise, an employee who is subpoenaed as a witness, and who will not receive any personal gain from the outcome of the litigation, is entitled to paid leave and may retain witness fees and travel expenses.
An employee engaged in personal litigation is not eligible for court leave with pay but may be granted annual leave or leave without pay with appropriate ...

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