SENATE, No. 1713

STATE OF NEW JERSEY

INTRODUCED DECEMBER 16, 1996

By Senator BENNETT

An Act concerning jury duty and amending N.J.S.2B:20-17.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. N.J.S.2B:20-17 is amended to read as follows:

    2B:20-17. Employment protection.

    a. An employer shall not penalize an employee with respect to employment, or threaten or otherwise coerce an employee with respect to that employment, because the employee is required to attend court for jury service. As used in this act, "penalize" includes, but is not limited to, any requirement that an employee use sick leave or vacation leave for any absence from employment caused by the employee's jury service.

    b. An employer who violates subsection a. of this section is guilty of a disorderly persons offense.

    c. If an employer penalizes an employee in violation of subsection a. of this section, the employee may bring a civil action for economic damages suffered as a result of the violation and for an order requiring the reinstatement of the employee. The action shall be commenced within 90 days from the date of the violation or the completion of jury service, whichever is later. If the employee prevails, the employee shall be entitled to a reasonable attorney's fee fixed by the court.

(cf: P.L.1995, c.44, s.1)

    2. This act shall take effect immediately.

STATEMENT

    Under current law, an employer cannot penalize an employee who misses work because of jury duty. This bill would clarify the term "penalize" to provide that an employer may not require an employee to use sick leave or vacation leave for jury service.

Prohibits employers from requiring employees to use sick leave or vacation leave for time missed from work due to jury service.