494.460. Employers prohibited from disciplining employees because of jury duty, action for damages, attorney fees--employees not required to use leave for jury duty--automatic postponement of jury dut - Missouri Statutes

Employers prohibited from disciplining employees because of jury duty,action for damages, attorney fees--employees not required to use leavefor jury duty--automatic postponement of jury duty, when.

494.460. 1. An employer shall not terminate, discipline, threaten ortake adverse actions against an employee on account of that employee'sreceipt of or response to a jury summons.

2. An employee discharged in violation of this section may bringcivil action against his or her employer within ninety days of dischargefor recovery of lost wages and other damages caused by the violation andfor an order directing reinstatement of the employee. If the employeeprevails, the employee shall be entitled to receive a reasonable attorney'sfee.

3. An employee may not be required or requested to use annual,vacation, personal, or sick leave for time spent responding to a summonsfor jury duty, time spent participating in the jury selection process, ortime spent actually serving on a jury. Nothing in this provision shall beconstrued to require an employer to provide annual, vacation, personal, orsick leave to employees under the provisions of this statute who otherwiseare not entitled to such benefits under company policies.

4. A court shall automatically postpone and reschedule the service ofa summoned juror of an employer with five or fewer full-time employees, ortheir equivalent, if another employee of that employer has been previouslysummoned to appear during the same period. Such postponement will noteffect an individual's right to one automatic postponement pursuant tosection 494.432.

(L. 1989 S.B. 127, et al., A.L. 2004 S.B. 1211)