§ 38-35. Civil liability - Damages.

Every person, firm or corporation who discharges an employee, causes an employee to be discharged, takes other adverse action against an employee or requires an employee to use sick, annual or vacation leave because of said employee’s absence from employment by reason of said employee’s having been required to serve as a grand, multicounty grand, or petit juror on a grand, multicounty grand, or petit jury shall be liable to the employee in a civil action at law for both actual and exemplary damages.  Damages shall include all pecuniary losses suffered including, but not limited to, lost earnings, both past and future, the value of lost leave, mental anguish and all reasonable damages incurred in obtaining other suitable employment.  The provisions of this section shall not require an employer to pay an employee wages for the time the employee is absent from employment for jury duty unless the employee takes paid leave for that purpose.  It shall be the decision of the employee whether to use paid leave or take leave without pay for absence from employment for jury duty.

Added by Laws 1978, c. 142, § 2, eff. Oct. 1, 1978.  Amended by Laws 1987, c. 99, § 16, eff. Nov. 1, 1987; Laws 2002, c. 134, § 2, eff. Nov. 1, 2002; Laws 2004, c. 525, § 11, eff. July 1, 2004.