43-173. Jury service; right to serve; liability; costs.
43-173
43-173. Jury service; right to serve; liability; costs.(a) No employer shall discharge or threaten to dischargeany permanent employee by reason of such employee's juryservice, or the attendance or scheduled attendance in connection with suchservice, in any court of Kansas.
(b) Any employer who violates the provisions of this section:
(1) Shall be liable for damages for any loss of wages, actual damages andother benefits suffered by an employee by reason of such violation;
(2) shall be ordered to reinstate any employee discharged by reason of suchemployee's jury service; and
(3) may be enjoined from further violations of this section and ordered toprovide other appropriate relief.
(c) Any individual who is reinstated to a position of employment inaccordance with the provisions of this section shall be considered as havingbeen on furlough or leave of absence during such period of jury service, shallbe reinstated to employee's position of employment without loss of seniority,and shall be entitled to participate in insurance or other benefits offered bythe employer pursuant to established rules and practices relating to employeeson furlough or leave of absence in effect with the employer at the time suchindividual entered upon jury service.
(d) In any action or proceeding under this section, the court may award aprevailing employee who brings such action by retained counsel reasonableattorney fees as part of the costs. The court may award a prevailing employerreasonable attorney fees as part of the costs only if the court finds that theaction is frivolous or brought in bad faith.
History: L. 1993, ch. 44, § 1; July 1.