Independent guide to jury service. Not affiliated with any court or government agency.
Jury Duty Explained
California state courts

California jury duty and your employer

Job protection under Government Code § 12945.8, notice, paid leave choices, and what changed in 2025.

Government Code § 12945.8(a)(1) bars covered employers from firing or otherwise discriminating against you for taking time off to serve on a jury1. It covers private employers with at least one employee and state and local public employers2. Give your employer reasonable advance notice unless that is infeasible3. Private employers do not have to pay you4.

Verified November 10, 2026 by Roger K. NeustadtSee sources

The law moved in 2025

Dec. 31, 2024and earlier

Employer actions on or before this date fall under Labor Code § 2305.

Jan. 1, 2025and later

The protection moved to Government Code § 12945.8, part of the Fair Employment and Housing Act1.

Oct. 1, 2025notice exception

Advance notice is not required when it is infeasible (added by A.B. 406)3.

Was your employer's action covered?

Did your employer act on or after January 1, 2025?
Yes

Interfering with your jury-service rights is an unlawful employment practice under the Fair Employment and Housing Act6. The Judicial Council says you can file a claim with the Civil Rights Department6.

No

Labor Code § 230 applies to that conduct. It provides reinstatement and lost wages and benefits, and complaints went to the Labor Commissioner5. Different filing deadlines apply to these older claims and may already have passed; talk to an employment lawyer.

For employees

Do

  • Give your employer reasonable advance notice of your summons3.
  • You may use available vacation, personal leave, paid sick leave or comp time for jury service, unless a union contract provides otherwise7.
  • Listen at orientation: the jury commissioner must tell jurors about this protection8.

Don't

  • Assume your employer must pay you; private employers need not4.
  • Assume a small business is exempt; the rule covers employers with one or more employees2.

Classified (non-teaching) school district employees get paid jury leave of up to the difference between their regular pay and juror fees; a district may limit how many staff (at least 2%) are on paid jury leave at once9.

What to do next

  1. Tell your employer as soon as you get your summons3.
  2. If you were punished for serving, talk to an employment lawyer or contact the Civil Rights Department6.
California jury duty payFees and mileage.Rules for employersFederal and state rules for employers.

Sources

9 official sources, with the exact sentence each rule comes from
  1. Cal. Gov. Code § 12945.8. Cal. Gov. Code § 12945.8(a)(1)."An employer shall not do any of the following: (1) Discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury."
  2. Cal. Gov. Code § 12945.8. Cal. Gov. Code § 12945.8(j)(3)."“Employer” means any of the following: (A) Any person who directly employs one or more persons to perform services for a wage or salary. (B) The state, and any political or civil subdivision of the state and cities."
  3. Cal. Gov. Code § 12945.8. Cal. Gov. Code § 12945.8(c)(1)."As a condition of taking time off for a purpose set forth in paragraph (1), (3), or (4) of subdivision (a), or subdivision (b), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible."
  4. Judicial Branch of California - Employer Information. Judicial Council Employer Information."State law does not require employers to compensate employees who are absent because of jury service."
  5. Cal. Lab. Code § 230. Cal. Lab. Code § 230(g)(1), (h)(1), (k)."This section shall apply only to alleged actions or inactions occurring on or before December 31, 2024."
  6. Cal. Gov. Code § 12945.8. Cal. Gov. Code § 12945.8(f)."It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section."
  7. Cal. Gov. Code § 12945.8. Cal. Gov. Code § 12945.8(g)."An employee may use vacation, personal leave, paid sick leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a) or (b)."
  8. Cal. Code Civ. Proc. § 214. Cal. Code Civ. Proc. § 214."The jury commissioner shall notify each juror of paragraph (1) of subdivision (a) of Section 12945.8 of the Government Code."
  9. Cal. Educ. Code § 44037. Cal. Educ. Code § 44037 (see also § 87036 for community colleges)."The governing board shall grant such leave with pay up to the amount of the difference between the employee’s regular earnings and any amount he receives as juror’s fees."

Reviewed by Roger K. Neustadt, JD, attorney admitted in Georgia. Verified November 10, 2026.

Roger K. Neustadt is admitted in Georgia; pages about other states and federal courts are general information checked against official sources. How we check every rule: editorial policy. Spotted something out of date? Tell us.

This page explains the law in general terms and is not legal advice. Jury Duty Explained is not affiliated with any court. Your summons and your court's instructions control, so check them first.