(705 ILCS 310/10.1)
(from Ch. 78, par. 33.1)
Jury duty, notice to employer, right to time off.
(a) Any person
who is not legally disqualified to serve on juries, and has been duly summoned
for jury duty for either petit or grand jury service, shall be given time
off from employment to serve upon the jury for which such employee is
summoned, regardless of the employment shift such employee is assigned to
at the time of service of such summons. An employee shall give his
employer reasonable notice of required jury service. An employer may not
deny an employee time off for jury duty because such employee is then
assigned to work a night shift of employment, that is, an employer cannot
require a night shift worker to work while such employee is doing jury duty
in the daytime.
(b) No employer shall discharge, threaten to discharge, intimidate or
coerce any employee by reason of the employee's jury service, or the
attendance or scheduled attendance in connection with such service, in any
court of this State.
(c) If an employee gives reasonable notice of required jury service, any
employer who violates the provisions of this Section:
(1) may be charged with contempt of court. In such
an event, the State's Attorney shall file a petition for civil contempt, criminal contempt, or both, against the employer to be prosecuted by the State's Attorney; and
(2) shall be liable for damages for any loss of wages
or other benefits suffered by an employee by reason of the violation; and
(3) may be enjoined from further violations of this
Section and ordered to reinstate any employee discharged by reason of jury service.
As used in this Section, "reasonable notice of required jury service"
means that the employee summoned for jury duty must deliver to the employer
a copy of the summons within 10 days of the date of issuance of the summons
to the employee.
(d) Any individual who is reinstated to a position of employment in
accordance with this Section shall be considered as having been on furlough or
leave of absence during his period of jury service, shall be reinstated to
his position of employment without loss of seniority, and shall be entitled
to participate in insurance or other benefits offered by the employer under
established rules and practices relating to employees on furlough or leave
of absence in effect with the employer at the time the individual entered
upon jury service.
(e) In any action or proceeding under this Section, the court may award
a prevailing employee who brings the action by retained counsel a
reasonable attorney's fee.
(f) Any right or remedy provided in this Section is in addition to any
right or remedy otherwise provided by law to an employee.
(g) No employer shall be obligated to compensate an
employee for time taken off for jury duty.
(h) The official responsible for issuing the summons may advise the
juror of his rights under this Act by printed insert with the summons or on
the summons itself.
(Source: P.A. 86-1395; 87-616.)