New Mexico Jury Duty/ Court Appearance laws & HR compliance analysis

New Mexico Jury Duty/ Court Appearance: What you need to know

An employer may not discharge an employee or threaten or otherwise coerce an employee who has received a summons to serve as a juror or attend court (NM Stat. Sec. 38-5-18).
An employer that violates this section is guilty of a misdemeanor (NM Stat. Sec. 38-5-19).
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Verification of attendance. Employers may request certificates of attendance, including dates and times, from the bailiff or court clerk.
Absence from work. An employer may not require or request an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury service, participating in the jury selection process, or serving on a jury.
However, an employer is not required to give leave to an employee who does not qualify for leave under company policy
State agencies must grant administrative leave to employees summoned for witness duty before a state or federal court.
Employer-requested postponement of jury duty. Jury duty for an employee may be postponed if the employer has five or fewer full-time employees and another worker is out on jury duty or if the employee performs such an essential function that the employer would have to shut down or cease production if the person was required to serve jury duty (NM Stat. Sec. 38-5-10.1).
Private employers. State law does not require private employers to pay employees for absences caused by jury duty or court appearances.
State employers. The rules of the state personnel board require state agencies to pay employees serving on a grand jury or petit jury (NM Admin. Code Tit. 1 Sec. 7-7-14.E; NM Admin. Code Tit. 1 Sec. 7-7-14.D).
Any juror fees or witness fees, less travel reimbursement, must be waived or returned to the agency.
Best practices. Regardless of state law ...

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