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Employers |
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Jurors will be given an attendance sheet if requested that will state the dates
they appeared for jury service. If you would like specific times your employee was
released each day you must provide them with a time sheet to be signed by the court
staff. |
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TCA 22-4-106 |
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(a) |
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(1) Upon receiving a summons to report for jury duty, any employee shall on the
next day the employee is engaged in such employee's employment exhibit the summons
to the employee's immediate superior, and the employer shall thereupon excuse the
employee from employment for each day the employee’s service as a juror in any court
of the United States or the state of Tennessee exceeds three (3) hours.
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(2) If an employee summoned for jury duty is working a night shift or is working
during hours preceding those in which court is normally held, such employee shall
also be excused from employment as provided by this section for the shift immediately
preceding the employee's first day of service. After the first day of service, when
such person's responsibility for jury duty exceeds three (3) hours during a day,
the person whose circumstances fall within the parameters of this subdivision (a)
(2) shall be excused from the person's next scheduled work period occurring within
twenty-four (24) hours of such day of jury service. Any question concerning the
application of this subdivision (a)(2) to a particular work shift or shifts shall
be conclusively resolved by the trial judge of the court to which the employee has
been summoned.
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(b) Notwithstanding the excused absence as herein provided, the employee shall be
entitled to such employee's usual compensation received from such employment; however,
the employer has the discretion to deduct the amount of the fee or compensation
the employee receives for serving as a juror. Moreover, no employer shall be required
to compensate an employee for more time than was actually spent serving and traveling
to and from jury duty. If an employer employs less than five (5) people on a regular
basis or if the juror has been employed by an employer on a temporary basis for
less than six (6) months, the employer is not required to compensate the juror during
the period of jury service pursuant to this section.
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(c) It is the duty of all persons paying jurors their fee or compensation for jury
service to issue to each juror a statement showing the daily fee or compensation
and the total amount of fees or compensation received by the juror. Such person
also shall provide a juror with a statement showing the number of hours the juror
spent serving each day if the juror or juror’s employer requests such a statement
prior to the service at issue. |
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(d) |
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(1) No employer shall discharge or in any manner discriminate against an employee
for serving on jury duty if such employee, prior to taking time off, gives the required
notice pursuant to subsection (a).
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(2)
(A) Any employee who is discharged, demoted, or suspended because such employee
has taken time off to serve on jury duty is entitled to reinstatement and reimbursement
for lost wages and work benefits caused by such acts of the employer.
(B) Any employer who willfully refuses to rehire, or otherwise restore an employee
or former employee, commits a Class A misdemeanor. |
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(e) Any employer who violates this section commits a Class A misdemeanor.
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(f) For the purposes of this section, "employer" includes, but is not limited to,
the state of Tennessee or any local government. |