Oklahoma § 38-34 - Termination, removal or other adverse employment action for

§ 38-34. Termination, removal or other adverse employment action for

employee’s jury service - Use of sick leave or vacation leave Penalty - Postponement of service.

A. Any person who is summoned to serve as a juror and who

notifies his or her employer of such summons within a reasonable

period of time after receipt of a summons and prior to his or her

appearance for jury duty may not be terminated, removed or otherwise

subject to any adverse employment action as a result of such

service.

B. An employee may not be required or requested to use annual,

vacation, or sick leave for time spent responding to a summons for

jury duty, time spent participating in the jury selection process,

or time spent actually serving on a jury. Nothing in this provision

shall be construed to require an employer to provide annual,

vacation, or sick leave to such employees who otherwise are not

entitled to such benefits under company policies.

C. 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 guilty of a misdemeanor

and, upon conviction, shall be punishable by a fine not to exceed

Five Thousand Dollars ($5,000.00). 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 uses 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.

D. A court shall automatically postpone and reschedule the

service of a summoned juror who is employed by an employer with five

or fewer full-time employees, or their equivalent, if another

employee of that employer has previously been summoned to appear

during the same period. Such postponement will not effect an

individual’s right to one automatic postponement under Section 9 of

this act.

Added by Laws 1978, c. 142, § 1, eff. Oct. 1, 1978. Amended by Laws

1987, c. 99, § 15, eff. Nov. 1, 1987; Laws 2002, c. 134, § 1, eff.

Nov. 1, 2002; Laws 2004, c. 525, § 10, eff. July 1, 2004.