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

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

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 provide 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).
Court appearance for state employees. State employees are entitled to paid leave of absence (with no charge against leave credits) upon showing proof of jury service or court appearance as a witness pursuant to subpoena or other order of a court or similar body. This requirement does not apply to court appearances for actions in which the employee is a party (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).
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New York City. New York City law prohibits an employer in New York City from refusing to hire, ...

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