Jury duty. .New York law prohibits employers from discharging or penalizing any employee who is summoned for jury service, provided the employee gives the employer prior notice. An employer that violates this section may be prosecuted for criminal contempt of court (NY Jud. Law Secs. 519 and 750).
Employers may ask that employees receive a "proof of service" from the court verifying their dates of service.
Court appearance for private employees. New York employers may not penalize or discharge an employee because he or she has been subpoenaed to appear as a witness or victim in a criminal proceeding, provided the employee gives the employer prior notice (NY Jud. Law Sec. 519).
A violation of this provision constitutes a class B misdemeanor (NY Penal Law Sec. 215.14).
Court appearance for state employees. The attendance rule for employees of New York State agencies was amended so that all employees would be eligible for paid leave to appear as a witness pursuant to a subpoena (NYCRR Sec. 28-1.9).
Court appearance for victims of crime. State criminal law prohibits an employer from discharging or penalizing a crime victim who takes time off to appear in court as a witness at a criminal proceeding, to consult with the district attorney, or to obtain an order of protection.
The employee must give prior notice and the employer may withhold wages. "Victims" include the aggrieved party or the aggrieved party's next of kin, if the aggrieved party is deceased as a result of the offense, the representative of a victim, or a good samaritan (NY Penal Law Sec. 215.14).
New York City. New York City law prohibits an employer in New York City from refusing to hire, discharging, or discriminating against an individual ...