Verified against official state labor departments Updated for 2026

New York Jury Duty Leave Law (2026)

Whether your job is protected during jury service in New York, whether your employer must pay you, and if they can make you use PTO.

Job protected Verified Jul 6, 2026

In New York, it is illegal for an employer to fire, penalize, or threaten you for serving jury duty. Employers with more than 10 employees must pay the first $40 of daily wages for the first three days of jury service. Your employer also cannot make you use vacation or personal time off for jury service.

Jury duty rules in New York

Job protected?
Yes
Employer must pay?
Yes
Can they require PTO?
No — prohibited

What to do if you're summoned

Tell your employer as soon as you get a jury summons and keep a copy. Your job is protected in every state, so you cannot be fired or disciplined for serving. Courts pay a small daily juror fee plus mileage, separate from any wages. If your employer retaliates, you can usually file a complaint with the court that summoned you or your state labor office. This is general information, not legal advice.

Common questions

New York jury duty FAQ

Can I be fired for jury duty in New York?
No. It is illegal for an employer in New York to fire, penalize, or threaten you for serving jury duty.
Does my employer have to pay me for jury duty in New York?
Employers with more than 10 employees must pay the first $40 of daily wages for the first three days of jury service.
Can my employer make me use vacation or PTO for jury duty?
No. New York prohibits employers from requiring you to use vacation or personal time off for jury service.
Do I get paid the jury fee too?
Yes. Courts pay jurors a small daily fee (often $10 to $50) plus mileage, separate from any wages your employer pays. The fee is set by the court, not your employer.

David Scott compiles and verifies minimum wage rates, tipped wages, and overtime rules from official state and federal labor department sources, and re-checks every page when rates change. See how the data is sourced.