Delaware - Jury Duty Employer Obligations

In Delaware, employers are required to provide you with unpaid time off for reporting to jury selection or jury duty. You may have to show your employer your jury summons in order to be given the necessary leave.

Your employer can never punish you for missing work to attend jury duty. However, if missing work would cause your employer undue hardship, it may be considered as an acceptable jury duty excuse.

An employer is not by law required to pay wages to an employee engaged in responding to or attending a jury summons unless that employee is entitled to such benefits under company policies.

You will receive a nominal jury duty payment from the State of Delaware for each day you serve on a jury, as well as potential reimbursements for travel expenses. However, jury duty pay tends to be a token amount rather than actual compensation.

In Delaware, no employee shall be deprived of employment; threatened or otherwise coerced because the employee receives a summons, responds thereto, serves as a juror or attends Court for prospective jury service.

You should be sure to show your employer your Delaware jury duty summons letter when you receive it, and update them with your jury duty dates if you are assigned to a trial, to ensure that you receive your mandatory time off.

Any employer who has dismissed, coerced, or otherwise threatened an employee that performed civil duties to jury or summons, may be found in criminal contempt, and, upon conviction thereof, may be fined not more than $500.00 or imprisoned not more than 6 months, or both.

Upon unlawful discharge, the employee may file a civil action in Superior Court within 90 days for recovery of wages lost and order requiring reinstatement. Successful employee allowed a reasonable attorney's fee as fixed by the Court.

If you have been punished for missing work due to jury duty, contact the joror office of the court that summoned you, and they will assist in ensuring that your rights are protected.