Texas Jury Duty/ Court Appearance laws & HR compliance analysis

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

Jury duty. Under Texas law, it is illegal to discharge a permanent employee who has been called to serve on jury duty.
Employees discharged in violation of this provision must be reinstated to the same position, provided the employee notifies the employer of an intent to return to work as soon as practically possible after being released from jury duty.
In addition, aggrieved employees may sue their employer for damages and attorneys' fees (TX Civil Practice and Remedies Code Sec. 122.001, Sec. 122.002 et seq.).
Employers that terminate, punish, or threaten employees with termination or punishment for performing jury duty may be held in contempt of court.
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Court appearance. State law prohibits an employer from discharging, disciplining, or penalizing an employee who has been subpoenaed to appear in a civil, criminal, legislative, or administrative proceeding (TX Labor Code Sec. 52.051).
Hearings regarding children. An employee who is the custodian or guardian of a child is required to attend court hearings regarding the child upon receipt of notice. An employer may not discharge an employee who is required to attend such a hearing (TX Family Code Sec. 51.115, Sec. 51.116).
School districts. School districts may not discharge, discipline, reduce the salary of, or otherwise penalize or discriminate against employees because of compliance with a summons to appear as jurors.
Private employers. State law does not require private employers to pay employees for absences caused by jury duty or court appearances.
State employers. State employees who are called for jury service are entitled to their regular compensation and may retain any fee received from the court.
A state employee who appears as an expert ...

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