West Virginia Sample Letter for Employer Requesting Employee's Jury Duty Release
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FAQ
Non-exempt employees are paid for time worked. Therefore, there is no federal legal requirement (nor Virginia requirement) to pay these employees for jury duty, since this is time not worked. Some employers may voluntarily choose to pay employees (exempt and non-exempt) for jury duty.
An employer cannot refuse to allow an employee time off work if they have been summoned for jury service, as a juror is required to attend by the Juries Act 1974. A refusal to allow the employee the required amount of time off work would place the employer in contempt of court.
No. While courts can pay travel costs, subsistence allowances and allowances for loss of earnings and other financial loss to individuals who attend jury service, no payment is made to third parties such as employers.
Employers must allow an employee time off for jury service, although employees can ask for a delay if it will harm the business, but can only delay once in a 12-month period. Jury service in most cases is an average of ten working days but may be longer or shorter depending on the case.
When writing your or your employee's jury duty excuse letter, you must include basic information like the juror number, date, and your mailing address. You also need to include the clerk's information. Include detailed information about why you or your employee needs to be excused from serving jury duty.
You may be excused from jury duty by the court if you can show that it will pose an undue hardship or extreme inconvenience for you or the public. Whenever possible you should put your request in writing and direct it to the presiding circuit judge.
The jury clerk will notify you either by telephone and/or written notification immediately upon receipt of the Judge's reply to your request. A juror should not assume a request will be granted. An unexcused absence may result in a charge of contempt of Court and a subsequent fine and/or imprisonment.
Under Federal law, a person cannot be required to serve jury duty more often than once every two years.
