Your job is protected if you tell your employer about your summons before your service begins1. Employers with more than 10 employees must pay you $72 or your daily wage, whichever is lower, for your first three days2. After that, your employer may stop paying you and the state pays the fee instead3.
Your job is protected
If you notify your employer before your term of service begins, you cannot be fired or penalized for being absent1. The law does not say how you must give notice, so do it in writing to keep a record.
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.
Does your employer have to pay you?
If your employer pays your full wages for a workday, you do not also get the state fee for that day5. If it pays only part of your wages, or pays your full daily wage and it is below $72, ask your county jury office how it will calculate your payment. How New York jury pay works.
Vacation and sick time
The courts say it is an illegal penalty to force an employee to charge jury duty to vacation, personal or sick time6.
Proof for your employer
You can ask the court for a proof of service showing your dates of service7.
If your employer breaks the rule
Maximum fine for criminal contempt. The court can instead or also impose up to 30 days in jail8. Violating the employee-protection law is criminal contempt of court9.
What to do next
Related
Sources
11 official sources, with the exact sentence each rule comes from
- 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."
- 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)"
- 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"
- 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."
- 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."
- 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."
- 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."
- 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."
- 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."
- 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."
- 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."
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.