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Tennessee Code/TITLE 22 JURIES AND JURORS/CHAPTER 4 COMPENSATION OF JURORS/22-4-108. Absence from employment - Amount of compensation.

22-4-108. Absence from employment - Amount of compensation.

(a) (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 employee shall thereupon be excused from  employment for the day or days required of the employee while serving as a juror in any court of the United States or the state of Tennessee; provided, that such employee's responsibility for jury duty exceeds three (3) hours during the day for which excuse is sought. 

(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 on any lawsuit. After the first day of service, when such person's responsibility for jury duty exceeds three (3) hours during a day, then such person 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 the provisions of this subsection 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. 

(b) (1)  Notwithstanding the excused absence as herein provided, the employee shall be entitled to such employee's usual compensation received from such employment, less the amount of the fee or compensation the employee received for serving as a juror, except that the employer may pay the employee such employee's usual compensation without deducting an amount equal to the fee or compensation the employee received for such employee's jury service. 

(2) Railroad employees who are paid on a mileage basis will be paid the mileage pay they would have received had they reported for work rather than for jury service on each day covered by the provisions of this section. 

(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. 

(d)  No employer shall be required under the provisions of this section to compensate an employee for more time than was actually spent serving and traveling to and from jury duty. 

(e)  This section shall not apply to any employer who employs on a regular basis less than five (5) people or to any employee who has been employed on a temporary basis for less than six (6) months. 

(f) (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) to the employer that such employee is required to serve. 

(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. 

(g)  Any employer who violates the provisions of this section commits a Class A misdemeanor. 

(h)  For the purposes of this section, "employer" includes the state of Tennessee or any local government. 

[Acts 1978, ch. 522, 1; T.C.A., 22-408; Acts 1982, ch. 784, 1; 1985, ch. 43, 1; 1986, ch. 583, 1; 1986, ch. 760, 1; 1988, ch. 596, 1, 2; 1989, ch. 591, 1, 6; 1992, ch. 894, 1.]


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