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Jury Duty Explained

Jury duty and financial hardship

When lost income can get you excused, what jurors are paid, and how to make a request courts take seriously.

Financial hardship can be a reason to be excused, but it is not automatic. New York considers undue hardship1; federal courts can defer you for undue hardship2. In Texas, a court cannot excuse you for an economic reason unless every party in the case is present and agrees3. California courts may excuse you for extreme financial burden4.

Verified November 10, 2026 by Roger K. NeustadtSee sources

Common beliefs, checked

Common belief

Losing pay automatically gets you out of jury duty.

What the rule says

Courts decide case by case. Harris County's jury office says the law does not allow an excuse because your employer will not pay5; Texas law allows an economic excuse only if every party in the case is present and agrees3.

Common belief

Your employer has to pay you while you serve.

What the rule says

Texas law generally does not require it, though salaried exempt employees must get their full week's salary under federal wage rules if they work part of the week6. Federal jury law does not require it either7. New York requires employers with more than 10 employees to pay $72 or your wage, whichever is lower, for the first three days89.

Common belief

Jury pay is tax-free.

What the rule says

The IRS says jury pay is income, reported on Schedule 1 of Form 104010.

What jurors are paid

CourtDaily payEmployer must pay?
New York State courts$7211Employers with more than 10 employees, first three days9
Texas state courtsAt least $20, then $5812Generally no6
California state courts$15 from the second day, plus mileage1314No state law requires it; some public employees get paid jury leave15
Georgia state courts$5 to $50, set by the county16Teachers by statute17; for private employers the Department of Labor says total pay can't be penalized18, while georgia.gov says the time off may be unpaid19
Federal courts$50 plus mileage2021No7

Rules for more states are being added as their research is completed.

Making a hardship request

Do

  • Explain concretely what serving would cost you or the people who depend on you.
  • Include proof if the court asks for it.
  • Ask for a postponement to a better time if an excuse is refused. In New York the first one is granted on request22.

Don't

  • Wait until your report date to raise it if your court takes requests in advance.
  • Give false information: in Texas it can bring contempt and a fine up to $1,00023.
  • Assume a federal refusal can be appealed; it cannot24.

What to do next

  1. Check what your court pays and whether your employer must pay you.
  2. Send a hardship request before your date, with proof.
  3. If you run your own business, see jury duty when you are self-employed.
How to get excusedExemptions and excuses compared.New York jury duty payThe $72 fee and who pays it.

Sources

24 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
  1. N.Y. Judiciary Law § 517. N.Y. Judiciary Law § 517(c)."the commissioner or the court shall consider whether the applicant has a mental or physical condition that causes him or her to be incapable of performing jury service or there is any other fact indicates that attendance for jury service in accordance with the summons would cause undue hardship or extreme inconvenience to the applicant, a person under his or her care or supervision, or the public."
  2. 28 U.S. Code § 1866 - Selection and summoning of jury panels (LII). 28 U.S.C. § 1866(c)(1)."Provided, That any person summoned for jury service may be (1) excused by the court, or by the clerk under supervision of the court if the court’s jury selection plan so authorizes, upon a showing of undue hardship or extreme inconvenience, for such period as the court deems necessary, at the conclusion of which such person either shall be summoned again for jury service under subsections (b) and (c) of this section or, if the court’s jury selection plan so provides, the name of such person shall be reinserted into the qualified jury wheel for selection pursuant to subsection (a) of this section,"
  3. Tex. Gov't Code § 62.110 – Judicial Excuse of Juror. Tex. Gov't Code § 62.110."(a) Except as provided by this section, a court may hear any reasonable sworn excuse of a prospective juror, including any claim of an exemption or a lack of qualification, and if the excuse is considered sufficient shall release him from jury service entirely or until another day of the term, as appropriate."
  4. Cal. Rules of Court, rule 2.1008. Cal. Rules of Court, rule 2.1008(d)."An excuse on the ground of undue hardship may be granted for any of the following reasons: ... (2) The prospective juror must travel an excessive distance. Unless otherwise established by statute or local rule, an excessive distance is reasonable travel time that exceeds one-and-one-half hours from the prospective juror's home to the court. (3) The prospective juror will bear an extreme financial burden. ... (7) The prospective juror has a personal obligation to provide actual and necessary care to another, including sick, aged, or infirm dependents, or a child who requires the prospective juror's personal care and attention, and no comparable substitute care is either available or practical ..."
  5. Harris County District Clerk - Getting Prepared (Jury Services page template). Harris County District Clerk, Jury Services page (Getting Prepared)."Any special circumstances will need to be brought up with the judge at the time of jury service or by emailing jury@hcdistrictclerk.com and your request will be forwarded to the judge for consideration. The law does not allow persons to be excused because they are the sole owner of a business, nor because their employer will not pay for jury service."
  6. Jury Service in Texas, Texas Judicial Branch / Office of Court Administration (txcourts.gov). OCA juror information page; Tex. Civ. Prac. & Rem. Code ch. 122 (no pay requirement)."Your employer is not required to pay you for any time that you missed from work due to jury service. However, your employer cannot fire you while you are fulfilling your civic duty."
  7. Juror Pay | United States Courts. uscourts.gov (28 U.S.C. § 1875)."Your employer may continue your salary during all or part of your jury service, but federal law does not require an employer to do so. You should check whether your company or employer has a policy for employees serving on jury duty."
  8. NYS Unified Court System - Jury Information for Employers (Revised June 2025). UCS Jury Information for Employers (June 2025); Judiciary Law § 519."Employers of more than 10 employees must pay jurors the jury fee of $72 or the employee's wage (whichever is lower)"
  9. N.Y. Judiciary Law § 519 – Right of juror to be absent from employment. N.Y. Judiciary Law § 519."An employer may, however, withhold wages of any such employee serving as a juror during the period of such service; provided that an employer who employs more than ten employees shall not withhold the first seventy-two dollars of such juror's daily wages during the first three days of jury service."
  10. IRS Publication 525 (2025), Taxable and Nontaxable Income. IRS Publication 525 (2025)."Jury duty pay you receive must be included in your income on Schedule 1 (Form 1040), line 8h. If you must give the pay to your employer because your employer continues to pay your salary while you serve on the jury, you can deduct the amount turned over to your employer as an adjustment to income."
  11. N.Y. Judiciary Law § 521 – Fees and travel expenses of jurors. N.Y. Judiciary Law § 521(a), as amended by L.2025, ch. 55, Part LL, § 1."trial and grand jurors in each court of the unified court system shall be entitled to an allowance equal to the sum of seventy-two dollars per day for each and every day of physical attendance wherein the court convenes"
  12. Tex. Gov't Code § 61.001 – Reimbursement of Expenses of Jurors and Prospective Jurors. Tex. Gov't Code § 61.001(a)-(b)."(1) not less than $20 for the first day or fraction of the first day the person is in attendance in court in response to the process and discharges the person's duty for that day; and (2) not less than $58 for each day or fraction of each day the person is in attendance in court in response to the process after the first day and discharges the person's duty for that day."
  13. Cal. Code Civ. Proc. § 215. Cal. Code Civ. Proc. § 215(a)."Except as provided in subdivision (b), on and after July 1, 2000, the fee for jurors in the superior court, in civil and criminal cases, is fifteen dollars ($15) a day for each day’s attendance as a juror after the first day."
  14. Judicial Branch of California - Jury Service (Juror Compensation). Cal. Code Civ. Proc. § 215(a), (c), (d)."The mileage payment starts on the second day. The public transit reimbursement starts on the first day."
  15. 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."
  16. Justia - 2025 Code of Georgia (O.C.G.A.) - O.C.G.A. § 15-12-7. O.C.G.A. § 15-12-7(a)(2)-(3)."(2) An expense allowance for trial or grand jurors in the superior courts of such counties for the next succeeding year not to be less than $5.00 nor to exceed $50.00 per diem. The same expense allowance shall be allowed to jurors of the several state courts and special courts as is allowed jurors in the superior court of the county in which the state or special court is located; and"
  17. 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"
  18. 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."
  19. 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."
  20. 28 U.S. Code § 1871 - Fees (LII). 28 U.S.C. § 1871(b)(1)."(1) A juror shall be paid an attendance fee of $50 per day for actual attendance at the place of trial or hearing. A juror shall also be paid the attendance fee for the time necessarily occupied in going to and returning from such place at the beginning and end of such service or at any time during such service."
  21. 28 U.S. Code § 1871 - Fees (LII). 28 U.S.C. § 1871(c)(1)."(1) A travel allowance not to exceed the maximum rate per mile that the Director of the Administrative Office of the United States Courts has prescribed pursuant to section 604(a)(7) of this title for payment to supporting court personnel in travel status using privately owned automobiles shall be paid to each juror, regardless of the mode of transportation actually employed. The prescribed rate shall be paid for the distance necessarily traveled to and from a juror’s residence by the shortest practical route in going to and returning from the place of service."
  22. N.Y. Judiciary Law § 517 – Excuses and postponements. N.Y. Judiciary Law § 517(a)(2)."An application for postponement of jury service shall be granted hereunder provided: (i) such service has not already been postponed or excused, (ii) the application is made at such time and in such manner as the commissioner of jurors requires, and (iii) the postponement is to a date certain when the court is in session not more than six months after the date on which such service otherwise is to commence and such date is selected by the prospective juror"
  23. Tex. Gov't Code § 62.0141 – Failure to Answer Jury Summons. Tex. Gov't Code § 62.0141."In addition to any criminal penalty prescribed by law, a person summoned for jury service who does not comply with the summons as required by law or who knowingly provides false information in a request for an exemption or to be excused from jury service is subject to a contempt action punishable by a fine of not less than $100 nor more than $1,000."
  24. Juror Qualifications, Exemptions and Excuses | United States Courts. uscourts.gov."Excuses for jurors are granted at the discretion of the court and cannot be reviewed or appealed to Congress or any other entity. Each of the 94 federal district courts maintains its own jury procedures and policies regarding excuses from jury service. Contact the federal court where you were selected to ask about a temporary deferral or excusal from service."

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.