New York - Jury Duty Employer Obligations

In New York, employers are required to provide you with unpaid time off for reporting to jury selection or jury duty. You may have to show your employer your jury summons in order to be given the necessary leave.

Your employer can never punish you for missing work to attend jury duty. However, if missing work would cause your employer undue hardship, it may be considered as an acceptable jury duty excuse.

Unpaid leave, as there are no provision in New York state legislature compelling an employer to provide paid leave.

If an employer has 10 or more employees, the reimbursement fee of $40.00 per diem, for the first 3 days of jury duty, are to be paid to the employee by the employer.

You will receive a nominal jury duty payment from the State of New York for each day you serve on a jury, as well as potential reimbursements for travel expenses. However, jury duty pay tends to be a token amount rather than actual compensation.

An employee who has given reasonable notice of their jury duty leave will not be subject to discharge or penalty for their absence because of jury obligation.

An employer's withholding of wages is permitted to the extent that the employer does not withhold the first $40.00 per diem for the first 3 days of jury duty.

You should be sure to show your employer your New York jury duty summons letter when you receive it, and update them with your jury duty dates if you are assigned to a trial, to ensure that you receive your mandatory time off.

If an employer penalizes or fires an employee for attending jury duty, they may be found guilty of criminal contempt of court, which may be punishable by a fine of up to $1,000 or up to 30 days or imprisonment, or both

If you have been punished for missing work due to jury duty, contact the joror office of the court that summoned you, and they will assist in ensuring that your rights are protected.