Independent guide to jury service. Not affiliated with any court or government agency.
Jury Duty Explained

Jury duty rules for employers

What you must pay, what you cannot do, and how to handle an employee's summons, under federal and state law.

Employers generally may not fire or punish employees for jury service, though the details depend on the court and the state. Federal law protects permanent employees on federal juries1 but does not require pay2. State rules add more: in New York, employers with more than 10 employees must pay $72 or the employee's daily wage, whichever is lower, for the first three days3.

Verified November 10, 2026 by Roger K. NeustadtSee sources
$5,000
maximum federal civil penalty per violation
Source 4
3 days
of protected wages in New York for employers with more than 10 employees
Source 5
$1,000
maximum fine for criminal contempt in New York, or up to 30 days in jail, or both
Source 6

Federal jury service: the baseline everywhere

No employer may discharge, threaten to discharge, intimidate or coerce a permanent employee because of service on a federal jury1. An employee reinstated under this law is treated as having been on leave and returns without losing seniority7. Violations can mean liability for lost wages and benefits, reinstatement and a civil penalty of up to $5,000 per violation4.

Federal law does not require you to pay an employee during federal service2. Your own policy may still require it, and state law may require pay for state-court service.

State rules in the states we cover

StateMust you pay?Job protectionPenalty
New YorkEmployers with more than 10 employees must pay $72 or the employee's wage, whichever is lower, for the first 3 days35No discharge or penalty if the employee gave notice before service8Criminal contempt9: a fine of up to $1,000, up to 30 days in jail, or both6

California, Texas and Georgia are being researched and will be added to this table.

New York in detail

  • The protection applies when the employee notifies you before their term of service begins8.
  • The courts say forcing an employee to charge jury duty to vacation, personal or sick time is an illegal penalty10.
  • From the fourth day, the state pays the $72 fee for each day the employee attends court and you do not pay them11.
  • An employee whose wages you pay in full for a workday does not also receive the state fee for that day12.
  • Employees can get proof of service from the court on request13.

Writing a jury duty policy

A short written policy prevents most disputes. Use this as a checklist:

  • NoticeHow and when employees tell you about a summons, and what copy you need.
  • PayWhat you pay, for how many days, and how it compares with each state's minimum.
  • Juror feesWhether employees turn over any juror fee when you pay full salary.
  • Short days and standbyWhat employees do on days they are released early or on telephone standby.
  • No penaltyA plain statement that no one will be penalized for serving.

Common mistakes

Do

  • Get notice of the summons and keep a copy on file.
  • In New York, pay at least $72 or the employee's wage, whichever is lower, for the first three days if you have more than 10 employees35.
  • Treat state and federal service separately; their pay rules differ2.

Don't

  • Make a New York employee charge jury duty to vacation, personal or sick time10.
  • Withhold the first $72 of daily wages during the first three days in New York, with more than 10 employees5.
  • Pressure a permanent employee not to serve on a federal jury1.

What to do when an employee is summoned

  1. Ask for a copy of the summons and, after service, the court's proof of service. In New York state courts, jurors can request one13.
  2. Check your state's pay rule and set payroll for the days covered.
  3. Put your jury duty policy in writing and share it with staff.
New York jury duty payHow the $72 fee and the employer rule fit together.Federal jury dutyFederal job protection and pay.

Sources

13 official sources, with the exact sentence each rule comes from
  1. 28 U.S. Code § 1875 - Protection of jurors' employment (LII). 28 U.S.C. § 1875(a)."(a) No employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States."
  2. Juror Pay | United States Courts. uscourts.gov (28 U.S.C. § 1875)."Your employer may continue your salary during all or part of your jury service, but federal law does not require an employer to do so. You should check whether your company or employer has a policy for employees serving on jury duty."
  3. NYS Unified Court System - Jury Information for Employers (Revised June 2025). UCS Jury Information for Employers (June 2025); Judiciary Law § 519."Employers of more than 10 employees must pay jurors the jury fee of $72 or the employee's wage (whichever is lower)"
  4. 28 U.S. Code § 1875 - Protection of jurors' employment (LII). 28 U.S.C. § 1875(b)."(1) shall be liable for damages for any loss of wages or other benefits suffered by an employee by reason of such violation; (2) may be enjoined from further violations of this section and ordered to provide other appropriate relief, including but not limited to the reinstatement of any employee discharged by reason of his jury service; and (3) shall be subject to a civil penalty of not more than $5,000 for each violation as to each employee, and may be ordered to perform community service."
  5. N.Y. Judiciary Law § 519 – Right of juror to be absent from employment. N.Y. Judiciary Law § 519."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 seventy-two dollars of such juror's daily wages during the first three days of jury service."
  6. N.Y. Judiciary Law § 751 – Punishment for criminal contempts. N.Y. Judiciary Law §§ 519, 750(A)(7), 751(1)."punishment for a contempt, specified in section seven hundred fifty, may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court."
  7. 28 U.S. Code § 1875 - Protection of jurors' employment (LII). 28 U.S.C. § 1875(c)."(c) Any individual who is reinstated to a position of employment in accordance with the provisions of this section shall be considered as having been on furlough or leave of absence during his period of jury service, shall be reinstated to his position of employment without loss of seniority,"
  8. N.Y. Judiciary Law § 519. N.Y. Judiciary Law § 519."Any person who is summoned to serve as a juror under the provisions of this article and who notifies their 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."
  9. N.Y. Judiciary Law § 519 - Right of juror to be absent from employment. N.Y. Judiciary Law § 519."Violation of this section shall constitute a criminal contempt of court punishable pursuant to section seven hundred fifty of this chapter."
  10. NYS Unified Court System – Jury Information for Employers (Revised June 2025). UCS Jury Information for Employers (interpreting Judiciary Law § 519)."No. It is an illegal penalty to force an employee to charge jury duty absence against vacation, personal or sick time."
  11. N.Y. Judiciary Law § 521 – Fees and travel expenses of jurors. N.Y. Judiciary Law § 521(a), as amended by L.2025, ch. 55, Part LL, § 1."trial and grand jurors in each court of the unified court system shall be entitled to an allowance equal to the sum of seventy-two dollars per day for each and every day of physical attendance wherein the court convenes"
  12. N.Y. Judiciary Law § 521. N.Y. Judiciary Law § 521(b)."No employee shall be entitled to receive the per diem allowance authorized by subdivision (a) of this section for any regularly scheduled workday on which jury service is rendered if, on such day, his or her wages are not withheld on account of such service."
  13. NYS Unified Court System – Jury Information for Employers (Revised June 2025). UCS Jury Information for Employers."Jurors may request a "proof of service" showing the dates of service."

Reviewed by Roger K. Neustadt, JD, attorney admitted in Georgia. Verified November 10, 2026.

Roger K. Neustadt is admitted in Georgia; pages about other states and federal courts are general information checked against official sources. How we check every rule: editorial policy. Spotted something out of date? Tell us.

This page explains the law in general terms and is not legal advice. Jury Duty Explained is not affiliated with any court. Your summons and your court's instructions control, so check them first.