The primary purpose of this leave is to ensure that employees do not suffer undue hardship by loss of pay or leave credits because of extended absences while performing jury service or appearing as a subpoenaed witness.
All State Employees are eligible for paid leave without charge to leave accruals.
Conditions Under Which Leave is Granted
- An employee, who is required to appear for jury duty or as a subpoenaed or otherwise ordered witness in court, is entitled to leave with pay without charge to leave credits if he/she is NOT a party to the action. Satisfactory documentation that the employee's presence is required must be submitted and attached to his/her time sheet.
- An employee is not entitled to leave under this section if the employee is a party to the action regardless of having received a subpoena or other order. In a civil action, both plaintiff and defendant are parties to the action, therefore neither is entitled to leave under this section.
- In a criminal proceeding, the parties to the action are the State and the defendant; the "victim" is not a party to the action and, if required to appear in accordance with a subpoena or other order, would be entitled to leave under this section.
- Employees who appear in court in their official capacity both as parties to the action or as subpoenaed witnesses are appearing in duty status (regular workday).
- An employee who receives a fee for testifying in a court of law as an expert witness does not appear in response to a subpoena or other order and is not eligible for leave under this section.
Extent of Leave
- Employees are not granted compensatory time off in lieu of ordered appearances and jury attendance on a pass day or a holiday.
- Employees scheduled to work a full shift other than a regular day shift may be allowed (and in most cases probably should be allowed) leave with pay, without charge to credits, for a full day whenever a full day has been devoted to jury duty or to a subpoenaed or ordered appearance.
- When shift employees who do not work days are granted leave for jury duty, they are entitled to have their shift changed if they so request, wherever practicable, to the normal day shift for the duration of jury duty.
Employees Not Eligible For Leave With Pay
A 1991 amendment to the State Judiciary Law, Section 519 gives New York State employees ineligible for paid leave, (hourly employees, student employees, etc) who would normally receive no wages for time spent on jury duty, entitlement to certain payments. Specifically, when employees not eligible for leave are called to jury duty, the employer must pay the employee up to $40.00 a day for the first three days of jury duty which conflict with the employee's regular work schedule.