21-236. Employment rights; automatic postponement; violation; classification

A. An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury duty, participating in the jury selection process or actually serving on a jury. This subsection does not require an employer to provide annual, vacation or sick leave to employees who are otherwise not entitled to such benefits under company policies.

B. An employer shall not refuse to permit an employee to serve as a juror. No employer may dismiss or in any way penalize any employee because the employee serves as a grand or trial juror. An employer is not required to compensate an employee when the employee is absent from employment because of jury service.

C. An employee shall not lose seniority or precedence while absent from employment due to serving as a member of a grand or trial jury. Upon return to employment the employee shall be returned to the employee's previous position, or to a higher position commensurate with the employee's ability and experience as seniority or precedence would ordinarily entitle the employee.

D. A court shall postpone and reschedule the service of a summoned juror of an employer with five or fewer full-time employees, or their equivalent, if during the same period another employee of that employer is serving as a juror. A postponement pursuant to this subsection does not affect a person's right to one automatic postponement under section 21-336.

E. A person who violates any provision of this section is guilty of a class 3 misdemeanor.