Time off for jury duty and voting in New York: job protection and pay

What is it?

Two separate protections. Jury duty: Judiciary Law § 519 protects your job while you serve on a state jury, and 28 U.S.C. § 1875 protects permanent employees serving on a federal jury. Voting: Election Law § 3-110 gives limited paid time off to vote when your work schedule doesn't leave enough time.

Who qualifies?

• Jury duty: anyone summoned to serve as a juror who notifies the employer before the term of service begins (Judiciary Law § 519).
• Federal jury duty: permanent employees (28 U.S.C. § 1875).
• Voting leave: registered voters who don't have four consecutive hours to vote either between the polls opening and the start of their shift, or between the end of their shift and the polls closing (Election Law § 3-110(2)).

Exceptions

• Your employer may withhold wages during jury service; only employers of more than ten employees must pay the first $72 a day for the first three days, and withholding as the law allows isn't a 'penalty' (§ 519).
• Voting time off is limited to what you need, with up to two hours paid, and the employer may choose whether it's at the beginning or end of your shift unless you agree otherwise (§ 3-110(2)).
• If you have four consecutive hours outside work while polls are open, you're considered to have enough time and the paid leave doesn't apply.

How much?

Jury duty: at employers with more than ten employees, the first $72 of your daily wages for each of the first three days of service can't be withheld. Beyond that, pay during jury service depends on your employer's policy. Voting: up to two hours without loss of pay.

How is it calculated?

Jury duty example: you earn $160 a day at a company with 25 employees and serve five days. For days 1–3 the employer can't withhold the first $72 of each day's wages, so it must pay you at least $72 for each of those days ($216 total); it may withhold the rest, and pay for days 4–5, unless its policy says otherwise.

Voting example: polls are open 6 a.m.–9 p.m. and you work 7 a.m.–7 p.m. You have one hour before and two after — less than four consecutive hours either way — so you can take the time needed to vote, up to two hours paid, at the start or end of your shift as the employer designates.

What documents do you need?

• A copy of your jury summons, given to your employer before your service starts
• Proof of jury attendance, if your employer asks for it
• For voting: a written request to your employer, sent 2 to 10 working days before election day

How do you get it?

1. 1

   Jury duty: tell your employer early

   Give your employer a copy of the summons before your term of service begins. That notice is what triggers § 519's protection.

2. 2

   Voting: give notice in the window

   Tell your employer not more than ten and not less than two working days before the election that you need time off to vote (§ 3-110(3)).

3. 3

   Look for the posted notice

   At least ten working days before every election, employers must conspicuously post a notice of the voting-leave law, and keep it posted until the polls close (§ 3-110(4)).

What if they refuse?

Firing or penalizing a juror who gave notice is a criminal contempt of court under Judiciary Law § 519 — tell the court that summoned you. The NYS Department of Labor also lists responding to a jury summons or serving on a jury among protected activities under its retaliation rules, and Labor Law § 215 protects legally protected absences. For federal jurors, an employer that violates § 1875 can be ordered to pay lost wages and benefits, reinstate you, and pay a civil penalty.

Deadlines

Give jury notice before your service starts, and voting notice 2–10 working days before the election. If you're retaliated against, act quickly: Labor Law § 215 claims must be brought in court within two years.

Frequently asked questions

Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

• N.Y. Judiciary Law § 519 — Right of juror to be absent from employment (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · Checked: October 30, 2026
  Juror job protection; $72 a day for three days at employers of more than ten
• N.Y. Election Law § 3-110 — Time allowed employees to vote (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · Checked: October 30, 2026
  Two hours' paid voting leave, four-hour rule, notice and posting
• 28 U.S.C. § 1875 — Protection of jurors' employment (opens in a new tab)
  United States Code (Cornell LII copy of the official Office of the Law Revision Counsel text) · 28 U.S.C. § 1875 · Checked: October 30, 2026
  Federal juror job protection
• Retaliation — NYS Department of Labor (opens in a new tab)
  New York State Department of Labor · Checked: October 30, 2026
  Jury service as protected activity
• N.Y. Labor Law (opens in a new tab)
  New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 215 · Checked: October 30, 2026
  Protected absences and the two-year limit

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