Georgia law makes it unlawful for an employer to fire, discipline or otherwise penalize you for being absent to answer a jury summons, or to threaten to do so1. Your employer may require reasonable notice2. Whether you are paid depends on your employer. Public-school teachers keep full pay by statute3, and eligible salaried state-agency employees get paid court leave4. For private employers, the Georgia Department of Labor says your total pay cannot be penalized5, while georgia.gov says the time off may be unpaid6.
O.C.G.A. § 34-1-3(a):
(a) It shall be unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the employee at the judicial proceeding. It shall be unlawful for any employer or the agent of such employer to threaten to take or communicate an intention of taking any action declared to be unlawful by this subsection.
Will you be paid?
| If you work for | Pay during jury duty |
|---|---|
| A Georgia public school, as a teacher | Leave without loss of pay, not charged to sick, personal or professional leave, and no substitute cost; your board decides whether you keep the juror fee3 |
| A Georgia state agency | Eligible salaried, non-temporary employees get paid court leave and keep juror fees; temporary and hourly employees and certain rehired retirees are excluded4 |
| A city, county, school district or university system | Check your employer's personnel policy, which may grant paid jury leave |
| A private employer | The Georgia Department of Labor, citing a 1989 Attorney General opinion, says your total pay cannot be penalized, though the employer may offset the jury fee so the total equals your regular pay5. georgia.gov says the time off may be unpaid6. No published Georgia appellate decision squarely resolves this. |
| Any employer, if you are salaried and exempt | Federal wage rules bar docking your salary for jury duty in a week you work, though the employer may offset the jury fee7 |
For employees
Do
Don't
- Assume your pay rule without checking your employer's policy and the table above.
- Rely on this law if you are an employee who is charged with a crime; the statute says it does not apply to you2.
What to do next
Related
Sources
8 sources, with the exact sentence each rule comes from. Georgia statute text is quoted from Justia's copy of the 2025 Official Code of Georgia
- Justia - 2025 Code of Georgia (O.C.G.A.) - O.C.G.A. § 34-1-3. O.C.G.A. § 34-1-3(a)."(a) It shall be unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the employee at the judicial proceeding. It shall be unlawful for any employer or the agent of such employer to threaten to take or communicate an intention of taking any action declared to be unlawful by this subsection."
- Justia - 2025 Code of Georgia (O.C.G.A.) - O.C.G.A. § 34-1-3. O.C.G.A. § 34-1-3(c)."(c) This Code section shall not apply to an employee who is charged with a crime, nor shall it prohibit an employer from requiring an employee to abide by regulations requiring reasonable notification to an employer of the employee’s expected absence or delay in reporting to work in order to attend a judicial proceeding."
- Justia - Code of Georgia (O.C.G.A.) § 20-2-870. O.C.G.A. § 20-2-870."Each person employed as a teacher in any public school of this state shall be allowed a leave of absence without loss of pay and without deduction of any amounts otherwise received as compensation for service as a teacher, for the purpose of attending any court as a juror"
- Ga. Comp. R. & Regs. R. 478-1-.16 - Absence from Work. Ga. Comp. R. & Regs. r. 478-1-.16(16)."Eligible employees will receive paid court leave while on jury duty for the time they are otherwise scheduled to work. ... Employees may keep any juror fees and travel allowances they receive from the court. ... The following employees are not eligible for paid court leave: (i) All temporary employees, (ii) All hourly employees, and"
- Georgia Department of Labor - Employer Handbook. Ga. Dep't of Labor, Employer Handbook (DOL-224, rev. 11/2024), Judicial Proceedings; 1989 Op. Att'y Gen. No. 89-55."Per the Georgia Attorney General, in an opinion issued in 1989 (No. 89-55), an employee's total compensation cannot be penalized for time away from work to serve on jury duty. However, it is not required that the employee receive extra financial reward for serving on jury duty. Therefore, although employers cannot penalize employees, employers are authorized to offset employees' salaries by the amount of funds the employees receive for jury service so that the combined amounts equal their gross salary or wages."
- Serve Jury Duty, Georgia.gov (State of Georgia; page credits Administrative Office of the Courts; 'Last updated June 2026'). georgia.gov, Serve Jury Duty."Employers in Georgia are required to grant employees time off, though it may be unpaid, to serve jury duty."
- 29 CFR § 541.602 - Salary basis. 29 C.F.R. § 541.602(b)(3)."While an employer cannot make deductions from pay for absences of an exempt employee occasioned by jury duty, attendance as a witness or temporary military leave, the employer can offset any amounts received by an employee as jury fees, witness fees or military pay for a particular week against the salary due for that particular week without loss of the exemption."
- Justia - 2025 Code of Georgia (O.C.G.A.) - O.C.G.A. § 34-1-3. O.C.G.A. §§ 34-1-3(b), 15-1-4(a)(4)."(b) Any employer or agent of such employer who violates subsection (a) of this Code section shall be liable to the injured employee for all actual damages thereby suffered by the employee and for reasonable attorney’s fees incurred by the employee in asserting a successful claim under this Code section."
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.