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

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

Job protection. 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 attends 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. Employees 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, nor must an employer give such 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 an essential function so 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).
Depending on the county and court, jurors may be paid minimum wage for hours served and receive reimbursement for travel.
Private employers. State law does not require private employers to pay employees for absences caused by jury duty or court appearances.
Although not required to do so, many employers do pay all employees called to jury duty or court appearances, regardless of exempt or nonexempt status. See Federal Law Considerations for Exempt Employees in this ...

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