Section 21.9 Leave for Subpoenaed Appearance and Jury Attendance - September 30, 1994
TO: State Departments and Agencies
This memorandum provides information on a 1991 amendment to the State Judiciary Law, Section 519, and its impact on New York State as an employer. The law as amended is reproduced below.
This statute gives New York State employees ineligible for paid leave under Attendance Rules Section 21.9, who would normally receive no wages for time spent on jury duty, entitlement to certain payments. Specifically, when an employee not eligible for leave is called to jury duty, the employer must pay the employee $15 a day for the first three days of jury duty which conflict with the employee's regular work schedule. For example, a full-time hourly employee who has not completed 19 consecutive pay periods of service is not yet covered by the Attendance Rules and would previously not have been paid while on jury duty. With this change in the law, the agency/facility is required to pay the employee $15 a day for the first three days of jury duty which coincide with the employee's regularly scheduled workdays.
Your agency contact person at the office of the State Comptroller can advise you on appropriate payroll processing for these payments.
Any questions concerning this provision should be referred to the Employee Relations Section of the Department of Civil Service, (518) 457-2295.
§ 519. Right of juror to be absent from employment
Any person who is summoned to serve as a juror under the provisions of this article and who notifies his or her employer to that effect prior to the commencement of a term of service, shall not, on account of absence from employment by reason of such jury service, be subject to discharge or penalty. An employer may, however, withhold wages of any such employee serving as a juror during the period of such service; provided that an employer who employs more than ten employees shall not withhold the first fifteen dollars of such juror's daily wages during the first three days of jury service. Withholding of wages in accordance with this section, shall not be deemed a penalty. Violation of this section shall constitute a criminal contempt of court punishable pursuant to section seven hundred fifty of this chapter.