Jury, Witness and Voting Leave in New York

Jury Leave

Employers in New York cannot discharge an employee for taking jury leave if the employee gave notice before the start of their jury duty. Employers are generally not required to pay an employee for jury leave.

Employers with more than 10 employees may not withhold the first $40 of daily wages during the first three days of the employee’s jury duty.

Witness Leave

Employers in New York cannot take any adverse action against an employee for appearing as a witness in a criminal proceeding or exercising their rights under the family court act if the employee provided prior notice. An employer is not required to pay an employee for such leave.

Crime Victim Leave

If the employee provides prior notice of the need for crime victim leave, employers cannot take any adverse action against them for appearing as a witness, consulting with the district attorney, or exercising their rights as a crime victim. An employer is not required to pay an employee for crime-victim leave.

Voting Leave

Employers in New York must provide employees with as much leave as is necessary so that they are able to vote. Up to three hours of that time must be paid. Employees may be required to provide at least two days' notice of their need for voting leave.

Employers must post a notice regarding employees’ voting leave rights at least 10 days before every election and leave the notice up until the close of polls on Election Day.