Effective January 1, 2027, Illinois will significantly expand employee jury duty protections under House Bill 4844, which amends the Jury Act and the Jury Commission Act. The new law requires many Illinois employers to compensate employees while they are serving on a petit or grand jury, replacing a longstanding rule that generally did not require employers to provide pay during jury service.
Employers With More Than 25 Employees Must Provide Paid Jury Duty Leave
Prior to the amendment, Illinois law generally prohibited employers from penalizing employees for jury service but did not require employers to compensate employees for time spent serving on a jury.
Beginning January 1, 2027, employers with more than 25 employees must pay employees who are absent from work due to jury service at the employee’s regular rate of pay.
The new requirement represents a significant expansion of employer obligations and may require employers to update leave policies and payroll practices.
Small Employer Exemption
The law includes an employer-size exemption.
Employers with 25 or fewer employees are not required to provide paid jury duty leave under the new law. However, those employers remain subject to existing protections that prohibit adverse action against employees because of jury service.
Existing Anti-Retaliation Protections Remain Important
The amendments do not eliminate existing protections for employees who perform jury service.
Employers generally may not:
- Discharge employees because of jury service;
- Penalize employees for responding to a jury summons; or
- Interfere with employees’ ability to fulfill jury obligations.
The new law expands compensation rights while retaining these longstanding protections.
Potential Liability for Violations
Employers that violate the law may face significant consequences.
Available remedies may include:
- Liability for lost wages and benefits suffered by the employee;
- Court orders prohibiting future violations;
- Reinstatement of discharged employees; and
- Civil or criminal contempt proceedings brought by the State’s Attorney.
These remedies increase the importance of ensuring compliance with the updated requirements.
Employers Impacted
The law is particularly relevant for:
- Illinois employers with more than 25 employees;
- Human resources and payroll personnel responsible for leave administration;
- Employers with jury duty policies that currently provide unpaid leave; and
- Multi-state employers with Illinois operations.
Employer Takeaway
Before January 1, 2027, Illinois employers with more than 25 employees should review jury duty leave policies, payroll procedures, and employee handbook provisions to ensure compliance with the new paid leave requirement. Employers should also consider implementing procedures for collecting and documenting jury summons notices and tracking jury service pay obligations. The new law transforms jury duty leave from a largely job-protected absence into a paid leave entitlement for many Illinois employees.