Section 494.460

Title XXXIV JURIES

Chapter 494

Effective - 28 Aug 2004   

  494.460.  Employers prohibited from disciplining employees because of jury duty, action for damages, attorney fees — employees not required to use leave for jury duty — automatic postponement of jury duty, when. — 1.  An employer shall not terminate, discipline, threaten or take adverse actions against an employee on account of that employee's receipt of or response to a jury summons.

  2.  An employee discharged in violation of this section may bring civil action against his or her employer within ninety days of discharge for recovery of lost wages and other damages caused by the violation and for an order directing reinstatement of the employee.  If the employee prevails, the employee shall be entitled to receive a reasonable attorney's fee.

  3.  An employee may not be required or requested to use annual, vacation, personal, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury.  Nothing in this provision shall be construed to require an employer to provide annual, vacation, personal, or sick leave to employees under the provisions of this statute who otherwise are not entitled to such benefits under company policies.

  4.  A court shall automatically postpone and reschedule the service of a summoned juror of an employer with five or fewer full-time employees, or their equivalent, if another employee of that employer has been previously summoned to appear during the same period.  Such postponement will not effect an individual's right to one automatic postponement pursuant to section 494.432.

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(L. 1989 S.B. 127, et al., A.L. 2004 S.B. 1211)