Pregnancy is a valid reason to get out of jury duty while pregnant, or at least to push service to a later date, though it is rarely automatic. Federal courts can excuse any summoned juror who shows “undue hardship or extreme inconvenience,” and pregnancy fits comfortably inside that standard.1Office of the Law Revision Counsel. 28 U.S. Code 1866 – Selection and Summoning of Jury Panels Most state courts have similar provisions, and some specifically list pregnancy or breastfeeding as grounds. Courts grant these requests routinely. The work on your end is knowing how to ask, what to send, and when to send it.
How to Ask To Be Excused
Respond to your summons before the deadline printed on it. Courts commonly require excuse requests anywhere from five to fourteen days before your scheduled service date. Your summons will tell you whether the court accepts requests online, by mail, by fax, by email, or in person, along with the address or portal to use.
The single most important piece of documentation is a short letter from your doctor. Courts want confirmation that a medical condition exists and that it interferes with service. They do not want your medical records, and some court systems explicitly tell physicians not to send them. A useful letter includes:
- Confirmation of pregnancy and your estimated due date
- A clear recommendation that you be excused or that service be postponed, with a suggested return date if you have one in mind
- Any relevant limitations that apply to you, such as bed rest, frequent monitoring appointments, or restrictions on prolonged sitting
- The doctor’s printed name, signature, and contact information on office letterhead
You do not need to describe your pregnancy in clinical detail. If you have a high-risk condition such as preeclampsia or gestational diabetes that requires frequent monitoring, mention it briefly. That strengthens the request without oversharing.
Courts weigh several things when reviewing these requests: how far along you are, whether there are complications, when your due date falls relative to the trial schedule, and whether prolonged sitting or stress could pose a health risk. A request at 36 weeks with an uncomplicated pregnancy is straightforward. A request at 12 weeks with no medical concerns may face more scrutiny, though courts still have full discretion to grant it. Complete every required form, attach the letter, and keep copies of everything you send.
Excusal or Postponement
Courts handle these requests in one of two ways, and the difference matters. An excusal releases you from that particular summons. A postponement, sometimes called a deferral, moves your service to a later date, meaning you will be resummoned.
Most pregnant jurors receive a postponement rather than a permanent excusal. Under federal law, a juror excused for hardship is excused only “for such period as the court deems necessary,” after which the person is either resummoned or returned to the selection pool.1Office of the Law Revision Counsel. 28 U.S. Code 1866 – Selection and Summoning of Jury Panels Deferrals typically run from a few months to one year from the original summons date. If you know when you’d realistically be available, say six months after your due date, put that in your request. Courts are more receptive when you offer a specific alternative than when you simply ask to be let out.
If Your Request Is Denied
If the court denies your excuse, you are expected to report on your scheduled date. A denial on paper is not the last word. When you report, you typically have a chance to speak with the judge or jury administrator before being placed on a panel. Judges handle these conversations regularly and can grant an excusal or deferral on the spot. Many jurors who are turned down in writing are excused once a judge hears the specifics in person. Bring your doctor’s letter, documentation of upcoming appointments, and your due date information.
Do not simply skip the date because your request was denied. Failing to appear carries real penalties, covered below.
Breastfeeding After the Baby Arrives
If your service gets pushed to after delivery and you’re nursing, you may have separate protections. More than 20 states and Puerto Rico specifically exempt breastfeeding mothers from jury duty or allow their service to be postponed. Duration varies. Some states defer service for a set period, often one to two years from the child’s birth, while others allow postponement for as long as the mother continues nursing. A few require a physician’s note; others accept a written statement from the mother. If your state has this exemption, it is usually listed on the summons instructions or the court’s FAQ page.
Accommodations If You Serve
Some pregnant jurors, particularly in early or mid-pregnancy without complications, choose to serve or find that their request isn’t granted. If you serve, courts must provide reasonable accommodations. ADA Title II regulations treat pregnancy-related impairments that substantially limit major life activities, including walking, standing, and lifting, as qualifying disabilities that public entities must accommodate.2U.S. Department of Justice. Americans with Disabilities Act Title II Regulations
In practice you can ask for frequent bathroom breaks, a more comfortable chair, permission to stand or shift positions, and access to snacks or water during proceedings. Tell the jury administrator what you need before your service date so the court can prepare. This is not an unusual request for them.
Don’t Ignore the Summons
The worst approach is to put the summons in a drawer. In federal court, a juror who fails to appear can be ordered to show cause. If the juror does not appear at that hearing or cannot provide a good reason for skipping, the court can impose a fine of up to $1,000, up to three days in jail, community service, or any combination of the three.3Office of the Law Revision Counsel. 28 USC 1864 – Drawing of Names From the Master Jury Wheel The same penalties apply to anyone who lies on the juror qualification form to get out of service. State courts impose their own penalties, with fines ranging from a few hundred dollars to $1,500 and the possibility of contempt-of-court charges.
Filing a request and having it denied is a completely different situation from never responding at all. Even if you expect the court to grant your excuse, respond to the summons by the deadline. A five-minute online form or a mailed letter keeps you clear of these consequences.
Your Job and Your Pay
If part of your concern is your employer’s reaction, federal law is clear. No employer can fire, threaten to fire, intimidate, or pressure any permanent employee because of jury service in a federal court. An employer who violates this protection faces liability for lost wages, a court order to reinstate the employee, and a civil penalty of up to $5,000 per violation per employee.4Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment If you are reinstated, the law treats your jury service period as a leave of absence, so you keep your seniority and benefits.
Federal law does not require your employer to pay your salary while you serve. Federal jurors receive an attendance fee of $50 per day, which can increase to $60 per day for trials lasting longer than ten days.5Office of the Law Revision Counsel. 28 USC 1871 – Fees Some employers voluntarily continue paying salary during jury service, and some states require it for a limited number of days, but there is no federal mandate. State court juror fees are lower, often between $10 and $50 per day, so the financial side is worth weighing when you decide whether to ask for a postponement or serve now.