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The Fair Labor Standards Act does not require payment for time not worked, including time off for jury duty, voting, or responding to a subpoena. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Arizona does not require a private sector employer to pay wages to an employee for time spent during jury service.
Arizona law entitles public sector employees to paid leave minus the amount paid for jury duty and minus any mileage allowance.
For primary and general elections, Arizona allows an employee up to three hours to vote (unless the employee has three hours before or after work to vote and the polls are open). The employer can’t deduct the time from the workers pay. The employee must ask in advance for this time off and the employer can specify the hours the employee can take off.
Arizona law indicates that employers with 50 or more employees must allow employees who are victims of a crime or juvenile offense to leave work to exercise their rights to be present at a proceeding. The law does not require employees to be compensated for such time off. The employees may elect to use, or the employer may require the employees to use the employees’ accrued paid vacation, personal leave, or sick leave.
Before taking time off, the employee must provide the employer with a copy of the form or information provided to the employee by the applicable law enforcement agency. The employee must also, if applicable, give the employer a copy of the notice of each scheduled proceeding that is provided to the victim by the responsible agency.
Employers must keep records regarding the employees’ leave confidential.
Employers may limit the leave if it creates an undue hardship. An undue hardship is a significant difficulty and expense to a business and includes the consideration of the size of the employer's business and the employer's critical need of the employees.
Arizona law provides that employers with 50 or more employees must allow employees who are victims of a crime to leave work to exercise their right to be present and a proceeding. Such time off need not be paid. Employees may elect, or employers may require the employee to use accrued paid vacation, personal leave, or sick leave.
Prior to taking time off, employees must provide the employer with a copy of the form provided by the law enforcement agency. If applicable, the employee must give the employer a copy of the notice of each scheduled proceeding.
Employers may limit the leave if it creates and undue hardship.
Contacts
Jury Duty
Industrial Commission of Arizona Labor Department
Voting
Victim of juvenile defense
Courts
Attend criminal proceeding
Regulations
Jury Duty
Revised Statute §21-236
Administrative Code §R2-5A-B606
Voting
Victims of a juvenile offense
Arizona Revised Statutes; Title 8, Children; Chapter 3, Juvenile Offenders, §8-420
Attend criminal proceeding
Arizona Revised Statutes, Title 13, Criminal Code; Chapter 40, Crime Victims' Rights; §13-4439
Contacts
None.
Statutes/Regulations
None.