The New York State Budget for fiscal year 2025-2026 has increased the amount of pay that certain employers must pay to employees on jury duty leave. The requirements under the New York State Budget are effective immediately.
The details
Background
Under state law, an employer with 11 or more employees was required to pay an employee on jury duty leave at least the jury fee (previously $40) when an employee’s wages for time spent in jury duty would be equal to or higher than the jury fee.
New York State Budget 2025 -2026
Effective as of June 8, 2025, the New York State Budget for 2025 – 2026 requires a covered employer to:
- Pay employees who are on jury duty leave a daily rate of $72 (up from $40) for the first three days of jury duty.
- Pay the entirety of the employee’s daily wages, when the wages for time spent absent from work would be lower than the daily jury fee (now $72 per day).
Note: The employee is then entitled to an allowance (to be paid by the state) that is equal to the difference between the amount of the employee’s daily wages and $72.
Next steps
- Review pay and jury duty leave policies.
- Pay covered employees up to the $72 daily rate for jury duty service, for an employee’s first three days, considering agreements and policies that may require employees to be compensated for additional reasons.