My Current State: 

JSIA Indiana

Posted by Diane

The Jury Systems Improvement Act is a federal Act that is in place for states across the country, including Indiana. The Act helps to ensure that employees can take time away from work in order to serve on a jury if they are summoned to do so. If the employee needs to take time off of work for service, the employer should not discriminate against the employee or terminate the employee for the time off.

Employers are required to allow employees to serve the full term on a jury without discrimination. In the event that an employer discriminates against an employee or terminates an employee for serving on a jury, the employer could be fined up to $1,000 per instance. Also, the employer may have to pay for lost wages and benefits to the employee if the employee was terminated.

Employees that need to take time away from work to serve should be able to return to work at the end of the period of jury duty service to have the same job or an equivalent job as well as the same salary and benefits that they had prior to service. Also, employees should be able to receive benefits while they are serving, such as health care, if it is normally provided by the employer.

Employees might also be able to postpone the jury duty if they are called to serve. However, the reason for the postponement must not have to do with coercion from the employer. Employees may be able to postpone service for their own reasons, such as to accommodate a planned vacation or an illness.

Employers may require that employees provide proof of service. This proof might be a copy of the original jury duty summons. Also, employees could provide employers with a notice of service from the clerk of the court for each day that the employee serves on the jury. When an employee is not actively serving, the employee should return to work. For example, if the employee serves on the jury in the morning, the employee should return to work for the afternoon. CB

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