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

Nurses General Nursing

Published

Specializes in med-surg, home health, dialysis, NICU-MB.

Hi everyone,

I'm a Florida nurse who's employed full-time by a large hospital in the Ft. Lauderdale area. I've been called to Federal jury duty, and I've just been seated on a trial which the judge says will last for 3 weeks or longer. Naturally, I'm obligated to report to the courthouse Monday through Friday from approximately 8:30 a.m. - 5 p.m. throughout the course of the trial.

I informed my clinical manager about this last night and she wasn't very pleased. She also told me that if I'm scheduled to work during any weekends during my course of jury duty, that I would need to work those shifts. To me this seems outrageous and I'm feeling very exploited! Has this ever happened to anyone else? Does my employer have legal grounds to demand that I work these hours? Thanks!

Up Vote Up Vote ×
Specializes in Emergency/Cath Lab.

Im no lawyer but isnt that illegal?

Up Vote Up Vote ×

Since weekends are not part of the trial, and if your availability with the hospital includes weekends, then I don't see there being much you can do. You would be able to consult a lawyer if they were demanding that you work a Tuesday, but not a Saturday.

Up Vote Up Vote ×
Specializes in LTC, assisted living, med-surg, psych.

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.:yes:

Up Vote Up Vote ×
Specializes in Going to Peds!.

If it's your regularly scheduled weekend, yes. They sure can. You're not in court Saturday or Sunday.

Sent from my HTC One X using allnurses.com

Up Vote Up Vote ×
Specializes in NICU, PICU, PACU.

Wow, at least my hospital doesn't make you work while on Jury Duty! They just take you off.

Did you call HR and ask? I would. Especially if you are on an off shift that will make a difference on whether you work Sunday or not.

If it really is a hardship, you can request to talk to the judge and ask to be released from the trial.

Up Vote Up Vote ×

Get the statement from the clerk of the court about the law on this in the jurisdiction. It will probably say one of two things:

1) An employer can make you make up lost time over your forty hours you're at court, e.g., on the intervening weekends

2) The employer can't make you work more than 40 hours, and you're doing those at court

This must come up from time to time.

Up Vote Up Vote ×

Refer to your HR and email the state labor relations board.

If you are being paid 40 hours jury duty pay, would that not make the weekend overtime?

Up Vote Up Vote ×

"Well, unfortunately, people get sick and need care at all times of the day and on all days of the week"

That is the mentality that got us into this mess.

OP has a government mandated FULL TIME commitment.

Administration should NOT be allowed to force her to work overtime for THEIR needs!

Up Vote Up Vote ×

OP has a government mandated FULL TIME commitment.

Administration should NOT be allowed to force her to work overtime for THEIR needs!

But does she? My local courthouse sets cases so that jurors are there for no more than 6 or 6.5 hours, not 8 or 8.5

She might be expected to be at the courthouse for more than 30, 32 hours....and if so, she's got another day's work ahead of her to round out her 40.

Just sayin'.

Up Vote Up Vote ×
Specializes in Oncology.
But does she? My local courthouse sets cases so that jurors are there for no more than 6 or 6.5 hours, not 8 or 8.5

She might be expected to be at the courthouse for more than 30, 32 hours....and if so, she's got another day's work ahead of her to round out her 40.

Just sayin'.

It clearly states in her post that its 8:30-5pm. 8.5 hours, probably with a 30 minute lunch.

Up Vote Up Vote ×
Specializes in Oncology.
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.:yes:

With your logic they could have her in jury duty all day and expect her to work overnights if she was scheduled that way, and it wouldn't be unreasonable. After all, people get sick all the time and they don't care that she had jury duty.

Up Vote Up Vote ×
+ Add a Comment