Does it Pay to Be on a Jury in NY?
For the first time since 1998, New York State has increased the payment granted to jurors from $40 to $72 per day. This pay change reflects over two decades of inflation: a cost to be absorbed—in part—by NYS Judiciary’s budget. As before, all jurors in New York State are entitled to compensation and paid leave. But what does that mandatory paid jury leave look like? And who is responsible for footing that bill? New York State? Or the employer?
It depends.
Why does NYS Have Paid Jury Leave?
The justice system hinges in no small part upon the availability of jurors. Both New York State law and the U.S. Constitution guarantee the right to trial by jury: in criminal cases, under the 6th Amendment, and in many civil cases, under the 7th Amendment as well as state law. These protections are important to ensure that juries represent the entire community, not just those available to serve without risking their livelihood. That is why New York protects the right of jurors to be absent from employment.
Employer Violations of NYS Jury Leave Law
Under New York State law (NYS Judiciary Law § 519), those selected for jury duty have the right to be absent from work without being made to suffer any penalty or negative consequences from their employer. They also have the right to be paid a wage for the duration of their jury leave. Employers in violation of this law put themselves at risk of being held in criminal contempt of court, then facing fines up to $1,000 and/or up to 30 days potential imprisonment.
While you may make changes to your employees’ schedule to accommodate jury service, be aware that any of the following actions may subject you to prosecution by the Office of the Attorney General and criminal penalties:
- Making changes to your employee’s schedule that are interpreted as “punishment.”
- Forcing your employee to use their PTO, sick leave, or vacation days to serve jury duty. (Note: an employee who earns over $72/day may opt for this option themselves.)
- Forcing your employee to work when they are not usually scheduled to recoup any work time lost to jury duty.
- Forcing your employee to work a full shift on any day they also provide a full day of jury service.
Does that mean that employers in New York are responsible for paying their employees $72 per day not to come to work? Is NY state covering this $32 increase?
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Who Pays Jury Leave in New York? The State, The Employer, or Both?
Responsibility for payment and the amount of that payment hinges on the following three factors:
1. How many employees do you have?
A) Less than 10 employees…
If you have less than 10 employees, you do not need to pay your employee jury leave. The state pays the juror $72 per day.
B) More than 10 employees…
If you have more than 10 employees, you are responsible for paying your employee’s jury leave.
2. What day of jury service is it?
A) Day 1 to 3 of Jury Service…
If you have more than 10 employees, you must pay employees that are absent from work for jury duty. Where an employee’s wages are equal to or higher than the jury fee of $72, you are responsible for paying at least the jury fee.
B) Day 4 and onward…
If you do not pay your employee a wage of at least $72, starting on day 4 of jury service, the state pays the jury fee.
3. Is the wage the employee would have received for work that day over $72?
A) Employee makes $72/day or more…
If the wage your employee would have earned is $72 per day or more, you are responsible for paying a minimum of $72 per day.
B) Employee makes less than $72/day…
If the wage your employee would have earned is below $72 per day, you are responsible for paying the employee their regular wage. New York State will make up the difference.
Ensure Your Compliance with Changing State Jury Leave Laws
As of June 8, 2025, jurors are entitled to receive at least $72 per day of jury service in New York. Whether the payment comes from the state, the employer, or a combination of both depends upon the above factors. Consult the booklet Jury Information For Employers published by the NYS Unified Court System.
New York employers are now responsible for compliance with these updates to paid jury leave. Take care to ensure your payment practices and leave policies are in accord with these updated NYS jury leave policies, and the other NYS changes impacting paid leave that have taken effect in 2025.
New York State employment is subject to laws and regulations that differ significantly from those in the private sector; consulting with an employment lawyer can make all the difference. Tully Rinckey’s team of dedicated employment attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.
Nancy Nissen, Esq. is a Partner at Tully Rinckey, PLLC’s office in White Plains, New York, where she primarily focuses her practice on family and matrimonial law, with an additional concentration on labor and employment law. Nancy also has experience in Education Law, assisting prior family law clients in the areas of IEP’s, 504 plans, and dealing with grievances for college students.
