Jury Duty Pay

[MikeEMTB]

So I was just called for jury duty and can't postpone because I already have one postponement. Turns out my jury duty is on a day when I'm on duty. So when I talked to my supervisor they told me that since I was probationary (new company not 3 months yet), that I don't get jury duty compensation. In NY btw. I was under the impression that any employer of more than 10 had to pay that? Since we in emergency services are some of the only people with "probationary" periods I figured I'd see if that sounds right to anybody here?

 

[NysEms2117]

well mike, heres the thing, they technically dont have to pay you anything(depending on the company size)... "An employee who gives notice to his employer that he has been summoned for jury service may not be discharged or otherwise penalized by the employer on account of such service. An employer of ten or fewer employees may withhold the full wages of an employee absent from work on account of jury service. An employer of ten or more employees must pay to an employee serving on jury duty the first $40.00 of that employee's daily wage for the first three days of jury service. Failure to comply is punishable as criminal contempt. (Judiciary law, sections 519 et. seq.)" So they pay you 40$ the first day, if they dont (NYS will), if you have to go back, they have to pay you 40$/day for the first 3 days(NYS most likely will if they dont). After 3 days, your on your own, nobody has to pay anything to anybody, usually there is a jury duty clause in most contracts(my mothers for example(she's an accountant) is 75% of daily wage/day after 3 of jury duty. I personally can appeal my jury duty because "unlawful bias" hope this helps

Side note: volunteers are not considered employees for NYS to my knowledge.

 

[MikeEMTB]

I work for a private EMS company w/ 911 city contracts, which has well over 100 employees. This would be my first day of jury duty but they informed me that they would not pay me because I am "probationary". Yet every resource that I looked at said what you just posted and that it's illegal for an employer to not pay that jury duty fee

 

[NysEms2117]

the law is messed up due to the fact, you can file for appeal to the state and they have a "bare minimum" to pay jurors. the likelihood of you being chosen is slim, also message me privately for a tip.