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Denied for excuse of jury duty.

Pasadena, CA |

I have been summoned for jury duty in LA County I had previously requested to be excused due to care to a elderly disabled parent and was denied on 3 occasions and then I recently resubmitted a medical excuse due to a slip and fall accident which I sustained with multiple levels of lumbar disc herniation for which I cannot sit or stand for more than 15 minutes at one time and have received the summons being denied once again on the medical excuse in addition I have to take strong pain medication which causes drowsiness and I am in need for epidural injections and if fails back surgery please advise if they have the right to go against a physicians excuse and what can I do to fight it before my date 3/25/13, because what I am seeing is that the excuses are just being ignored.

Attorney Answers 2

Posted

Under CA law your employer is required to let you attend jury duty as long as you give them reasonable notice. They are not required, however, to pay you while you are out.

Your medical related issues are more complicated. Your entitlement to take leave to care for your disabled parent would depend on how long you have worked for your employer. Under CA law, to be eligible for medical leave, an employee must be either a full-time or part-time employee working in California, have more than 12 months (52 weeks) of service with the employer, have worked at least 1,250 hours in the 12-month period before the date the leave begins, and work at a location in which the employer has at least 50 employees within a 75 mile radius of the employee's work site.

Regarding your slip and fall accident you should probably consult with a workers compensation lawyer.

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Posted

It is hard to comment on your situation without seeing the medical slip you submitted and the form in which you submitted the medical information. However, assuming your have been summoned for service in L.A. County, the Los Angeles Superior Court web site provides this information:

Medical Excuses

To request a medical excuse your physician must complete Section E of your summons, if you are under the age of 70. If you are over 70, a physician’s statement is NOT required, but you must provide your age, date of birth and the reason for your medical excuse in the space provided in Section D. All requests for excuse must be signed in Section G.

You may also request a medical excuse online by going to the jury website and selecting “My Jury Duty Portal”. Select the “MyInfo” tab and complete the requested information (if you have not registered for service, also select the “My Summons” tab), and then select the “Excuse” tab (see “online information” for additional information).

http://www.lasuperiorcourt.org/jury/excuses.htm

If you have followed these instructions and are still having problems, please let us know with a new post.

twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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