Does Your Employer Have to Pay for Jury Duty in New York?

In New York, your employer must pay you for jury duty only if the company has more than 10 employees, and only for the first three days of service at up to $72 per day. Smaller employers pay nothing. That $72 figure took effect June 8, 2025, when the Fiscal Year 2026 budget amended Judiciary Law Section 519, and it sets the ceiling on jury duty pay in New York from employers of any size.¹

What Large Employers Owe You

If your employer has more than 10 employees, they cannot withhold the first $72 of your daily wages for each of the first three days of jury service.¹ You get $72 per day or your regular daily wage, whichever is lower. If you normally earn $60 a day, your employer pays that $60 and the state tops you up to $72.²

One wrinkle: the employer obligation only applies to days you were actually scheduled to work. If jury duty falls on your day off, the state pays the $72, not your employer.³

Some employers voluntarily keep paying full wages through longer service. The state encourages that but does not require it.²

Small Employers Owe Nothing

Employers with 10 or fewer employees are completely exempt from paying jury duty wages. When you work for a small business, the state pays you the $72 fee directly for every day you attend court.⁴ Your job protection, though, is identical no matter the company’s size. A 5-person shop cannot fire you for serving any more than a 500-person company can.

Part-Time, Temp, and Agency Workers

Part-time employees are treated the same as full-time employees. If you miss a scheduled shift and your employer has more than 10 employees, you are owed the $72 for the first three days.²

For temp workers, the test is who issues your paycheck. If a staffing agency pays you and has more than 10 employees, the agency owes the fee. If the client company pays you directly and has more than 10 employees, the client owes it. The physical worksite does not control.²

After the First Three Days

Once the three days are up, the employer’s wallet closes. From day four forward, the state pays the $72 daily fee directly to any juror who is not already getting at least that much from an employer.⁴

That gap matters on longer trials. Civil trials typically run three to five days, criminal trials five to ten, and grand jury service can stretch from two weeks to over a month.⁵ If you earn well above $72 a day, a long trial means a real hit to income after day three unless your employer voluntarily keeps paying.

Job Protection and the PTO Trap

Judiciary Law Section 519 prohibits your employer from firing, threatening, or penalizing you because of jury service, as long as you notified them before your service began.¹

Forcing you to burn vacation, personal, or sick time for jury days counts as an illegal penalty. Your employer can decline to pay wages beyond the required $72, but they cannot touch your accrued leave.² This is where HR departments often get it wrong, sometimes from genuine confusion. If yours asks you to log jury days as PTO, point them to Section 519.

To document your attendance, request a “proof of service” from the court showing the dates you served.²

What Happens If Your Employer Retaliates

An employer who fires, threatens, or penalizes you for jury service commits criminal contempt of court. The penalty can include a fine of up to $1,000, up to 30 days in jail, or both.¹ This is a criminal charge, not just a civil fine. If you believe your employer retaliated, you can raise the matter directly with the court that summoned you.

Federal Jury Duty Works Differently

All of the above applies to New York state courts. If you are summoned to a federal court in New York, such as the Southern or Eastern District, the rules change.

Federal jurors receive $50 per day under federal statute, and there is no employer pay mandate at all. Your employer is not required to pay you anything while you serve on a federal jury.⁶ The job protections, though, are arguably stronger. Under 28 U.S.C. § 1875, no employer may fire, threaten, intimidate, or coerce a permanent employee for federal jury service. Violations carry civil penalties of up to $5,000 per employee per violation, liability for lost wages and benefits, and a reinstatement order. You are also treated as if on a leave of absence, so you return with full seniority and continued benefits eligibility. The federal district court can appoint counsel for you at no cost if you need to bring a claim.⁷

Taxes on Jury Duty Pay

Jury pay from either the state or federal government is taxable income. Report it on Schedule 1 (Form 1040), line 8h.⁸

If your employer kept paying your full salary and required you to hand over the jury fee you got from the court, you can deduct what you turned over on Schedule 1 (Form 1040), line 24a, so you are not taxed on money you never kept.⁸ Keep a record of what you received from the court and any receipt showing you remitted it to your employer.

1
New York State Senate. New York Judiciary Law JUD 519 – Right of Juror to Be Absent From Employment
2
NEW YORK STATE UNIFIED COURT SYSTEM. Jury Information for Employers
3
NYCOURTS.GOV. Juror Compensation
4
New York State Senate. New York Judiciary Law JUD 521 – Fees and Travel Expenses of Jurors
5
NEW YORK STATE UNIFIED COURT SYSTEM. Petit Juror’s Handbook
6
Office of the Law Revision Counsel. 28 USC 1871 – Fees
7
Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment
8
Internal Revenue Service. Publication 525 – Taxable and Nontaxable Income