Can they force me to work weekends during jury duty???

Kooky Korky, BSN, RN · Sep 11, 2013

Well, unfortunately, people get sick and need care at all times of the day and on all days of the week, so if you're on the schedule for a given weekend, yes, you'll need to work it. It's not an unreasonable demand. The patients don't know that you're on jury duty, and it's not up to management to care---they have an obligation to staff the facility, and if you want to stay on the payroll you have to work your scheduled shifts.
I'm sorry, I know it stinks, because some weeks you're going to be 'working' straight through. But it won't last forever, and maybe if you bargain with some of your co-workers, they might be willing to work some of your weekends for you as long as you reciprocate in kind once your jury duty is over.

With all due respect, VLV, I hope you are wrong.

luv2dive · Sep 11, 2013

Just to clarify Kooky Korky....yes, I did present my summons to my employer as soon as I got it. It was only after I appeared in court on day one and was selected to serve on a jury that I was given a hard time.

Today the judge's deputy provided me with a letter from the judge outlining the expected duration of the trial, the importance of my service as a juror, and the obligation of my employer to excuse me from work. I immediately drove to the hospital after jury duty and submitted the letter to one of the clinical managers,,,as my nurse manager was in a meeting. The reaction from the clinical manager was rather negative, and her reply was---"I always know what to say to get out of jury duty."

I personally don't share her negative attitude towards performing one's civic duty in serving on a jury...and I don't think that I should be given grief over something that is not just my civic duty, but is also my legal obligation.

Havin' A Party!, ASN, RN · Sep 11, 2013

... people get sick and need care at all times of the day and on all days of the week, so if you're on the schedule for a given weekend, yes, you'll need to work it. It's not an unreasonable demand. The patients don't know that you're on jury duty, and it's not up to management to care---they have an obligation to staff the facility, and if you want to stay on the payroll you have to work your scheduled shifts...

Not lovin' this response.

It's not like the OP is on her normal work shift. To me, this looks and feels like she's on an approved leave. The facility has basically excused her absence for the duration of her required duty as a citizen.

The facility comes off as exploitative and dictatorial with this demand. Doubt they'd appreciate their position being generally publicized in the community... to their patients and to patient's families.

They obviously don't care about their employees... and their concern for their patients is equally deficient. This nurse is already working full-time, under other than normal circumstances, and they're mandating her attendance on weekends??? Ridiculous.

The facility's demand reveals that they're unable to adequately staff and to make necessary adjustments to assignments when necessary.

That patients don't know that the OP is serving on jury duty has zero relevance, IMO. This isn't about that at all.

On the other hand, I believe it is up to management to care for their staff... and their patients. Forcing a nurse to work overtime under these circumstances is not the best way to go with respect to quality care. Management looks like a bunch of dummies on this one.

Yes, management has an obligation to staff on weekends... but they need to do so safely, and in a manner that's best for the patients.

Suggest the OP formally request a leave of absence from HR for the duration of her duty.

This kind of heavy-handed c^ap is what makes people consider a union.

Good luck to the OP!

glasgow3 · Sep 12, 2013

The rights and protections for an employee called to jury duty may vary widely from state to state. Therefore, an attorney who specializes in employement law in your state would likely provide the most reliable answer to your question.

NicuGal, MSN, RN · Sep 12, 2013

Wow around here they excuse you for much of anything, so I'd like to hear the AUM's excuses!! I'd take it to HR if they are being crappy. And all the court/trials I sat on I rarely got out before 4pm.

Long Term Care Columnist / Guide · Sep 12, 2013

Please let me clear up any misunderstanding as to my response to the OP. I fear I may have given an inaccurate impression of my true feelings on this matter.

First of all, I approached the topic as I know most nursing administration does. THEY feel it's not their job to care---their only obligation is to staff the facility and administer the rules. Note that I didn't say I support this POV; my purpose was to let the OP know that it's not unusual for TPTB to look at it from this perspective.

And yes, I have been in nursing management, and regrettably I've had to schedule people to work the weekend after their jury duty. It's just that when you have seven positions that need to be staffed and you have only six nurses otherwise, SOMEBODY has to work, and it can't always be the management person because you've already put in your full week too. (Although if you're a decent sort, you ask someone to work a shift or two the following week---or work it yourself---in order to give her some time off.) It's not the best system, but it's how an awful lot of facilities operate, especially smaller ones that can't afford to maintain a PRN pool.

Hope that makes more sense. I'm really NOT that heartless. :no:

imintrouble, BSN, RN · Sep 12, 2013

Jury duty where I live may simply be showing up in the AM, then being dismissed after a couple of hrs when you didn't get picked for a trial.

That might happen several times a week, but rarely every single day.

I don't think it's unreasonable for an employer to expect an employee to work a W/E, when they're unavailable during the week because of jury duty.

37 and counting · Sep 12, 2013

I would think patient care may suffer if their nurse is fatigued from working 7 days in a row. Everyone needs some time to rest and spend with their families.

Not_A_Hat_Person, RN · Sep 12, 2013

I didn't mind working when I was on a jury, partly because the case, an eviction, was mind-numbing. The lawyers spent an hour arguing about plumbing!

jadelpn, LPN, EMT-B · Sep 12, 2013

Not sure what happened with the OP's situation. I know where I live, employers are required to pay for up to 2 days of jury duty, then no obligation to pay after that. The court pays xx amount of dollars a day instead, but that starts on day 3 until the end of the trial.

So people end up using their PTO to make up those hours, which all of one's benefits are based on. It can really be a kick in one's money situation when there's a 3 week trial, and court pays $25.00 a day.

Point is that if one has to use PTO to make up for lost wages, I would also just take the weekend time as well. One usually is summoned a month in advance. Unless on a weekend work schedule, a number of nurses work every other weekend, every 3rd weekend, whatever. Conceivably, it would take just taking off one weekend. *and nights are another thing entirely.....however, assuming one works days/eves.

With all this being said, I wonder if it is possible to use hardship if you work nights, have no PTO to make up for lost wages, that type of thing.

Food for thought...

Esme12, ASN, BSN, RN · Sep 12, 2013

Just to clarify Kooky Korky....yes, I did present my summons to my employer as soon as I got it. It was only after I appeared in court on day one and was selected to serve on a jury that I was given a hard time.
Today the judge's deputy provided me with a letter from the judge outlining the expected duration of the trial, the importance of my service as a juror, and the obligation of my employer to excuse me from work. I immediately drove to the hospital after jury duty and submitted the letter to one of the clinical managers,,,as my nurse manager was in a meeting. The reaction from the clinical manager was rather negative, and her reply was---"I always know what to say to get out of jury duty."
I personally don't share her negative attitude towards performing one's civic duty in serving on a jury...and I don't think that I should be given grief over something that is not just my civic duty, but is also my legal obligation.

These kind of questions always bring controversy because the laws vary state to state.

IN the state of Florida, your county......

Employers must allow their employees to have time off to attend jury duty and to serve as jurors on a trial if picked. You cannot be fired for serving on jury duty!
On the top portion of your summons form, you will see a section called "Employer's Copy." You need to tear this section off and give it to your employer. It tells your employer that you have been selected to serve as a juror on a specified date and also lists the law regarding your employer's responsibilities on the opposite side.
You have to give this "Employer's Copy" section to your employer at least five (5) days prior to the date you are required to serve.
You should also ask about your employer's policy as to whether you will continue to be paid while on jury duty. Some employers will fully compensate you with your normal wages while you serve on jury duty while other employers won't pay you at all. Also, if your employer does continue to pay you, he or she is allowed to deduct an amount equal to your juror compensation from your wages. You need to check with your employer before you report for jury duty since your compensation or lack thereof may have an impact on whether you are selected to serve as a juror in a trial.

It also states.....

Additionally, in Broward County, there is an ordinance that requires employers to pay their full-time employees for up to five (5) days while serving jury duty. For this to apply, you have to work at least thirty-five (35) hours per week and must give your employer the "Employer's Copy" on your summons form at least five (5) working days prior to the day you are required to appear for jury duty.

Unfortunately.....they can make you work....by law...on the days you are NOT scheduled for jury duty

The full-time employee shall be excused from work by the employer during each day the employee provides jury service, regardless of the regularly scheduled time such employee reports to work, and shall be compensated by the employer as provided for in this subsection.

As far as excusing you from those work days that you do not sit on the jury is company policy.....I would contact your HR office AND the court of Southern Fla. http://www.flsd.uscourts.gov/?page_id=1847

Been there,done that, ASN, RN · Sep 12, 2013

So , NM was saying.. you should have shirked your civic duty like she does....

So you can work your regular schedule and not put HER out.

Makes me wonder if this is a manager worth working for.