Jury Duty and Court Attendance Leave Law Summaries
Kentucky, Jury Duty and Court Attendance Leave Law Summaries
Kentucky's jury duty leave law is located in the Kentucky Revised Statutes Annotated at Title IV, Ch. 29A (for full text, see Wages-Hours ¶18-59,001); Title L, Ch. 532 (for full text, see Wages-Hours ¶18-59,003); and Title L, Ch. 534 (for full text, see Wages-Hours ¶18-59,004). Also, there are court leave regulations for state employees (101 KAR 2:102E and 101 KAR 3:015E).
COVERAGE
Both private and public employers are covered by Kentucky's jury duty leave law.
WHAT THE EMPLOYER MUST DO
Employers may not deprive an employee of employment, or threaten or otherwise coerce an employee with respect to employment, because the employee receives a summons, responds to a summons, serves as a juror, or attends court for prospective jury service (Sec. 29A.160(1)).
State employees.- State employees are entitled to court leave during their scheduled working hours without loss of time or pay for the amount of time necessary to (101 KAR 2:102E and 101 KAR 3:015E, as amended effective November 4, 1999):
comply with a subpoena by a court, or administrative agency or body of the federal or state government or any political subdivision thereof; or
serve as a juror or a witness, unless the employee or a member of the employee's family is a party to the proceeding.
Court leave includes necessary travel time. If relieved from duty as a juror or witness during normal working hours, a state employee must return to work or use annual or compensatory leave. A state employee is not required to report as court leave attendance at a proceeding that is part of his or her assigned duties (101 KAR 2:102E and 101 KAR 3:015E, as amended effective November 4, 1999).
ENFORCEMENT
Civil action
If an employer discharges an employee in violation of Kentucky's jury duty leave law, the employee may bring a civil action within 90 days of such discharge in order to recover wages lost as a result of the violation and for an order requiring the reinstatement of the employee with full seniority and benefits. Damages recoverable cannot exceed lost wages. If the employee prevails, the employee will be allowed a reasonable attorney's fee fixed by the court (Sec. 29A.160(2)).
PENALTIES
Criminal penalties
Violation of Kentucky's jury duty leave law is a Class B misdemeanor (Sec. 29A.990(1)).
A sentence of imprisonment for a Class B misdemeanor will be for a definite term, not to exceed 90 days (Sec. 532.090).
Fines and imprisonment for misdemeanors in Kentucky are not mutually exclusive. A fine or imprisonment or both may be levied, at the discretion of the judge or jury, as the case may be. In a trial by jury, the jury is given the discretion (Sec. 534.040(1)).
Except as otherwise provided, individuals may be fined up to $250 for a Class B misdemeanor or for a violation (Sec. 534.040(2)).
For a corporation convicted of an offense, such corporation may be sentenced to pay a fine in an amount not to exceed $5,000 for a Class B misdemeanor; not to exceed $500 for a violation; or double the amount of the defendant's gain from commission of such offense, whichever is greater (Sec. 534.050(1)).
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