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Employers should be aware and well-informed of the more often-used leave laws like sick leave or Family Medical Leave, but other leave laws will arise with regard to jury duty, witness leave, and voting rights. Please see the New York leave laws below to ensure you are compliant.
Jury Leave
New York employees who give an employer prior notice of a summons to jury duty cannot be discharged from employment for any absence related to such jury service. An employer may withhold wages during jury service. However, any employer with more than 10 employees may not withhold the first 40 dollars of any daily wages for the first 3 days of the jury service. Violations of the law are punished with criminal sanctions.
Witness Leave
Victims and witnesses to crimes who give prior notice that they have been subpoenaed to testify in court or must consult with the District Attorney, or who seek to exercise victim’s rights, cannot be discharged from employment for any absence related to such matters. An employer can request verification of attendance and withhold wages during the employee’s absence. Violations constitute a misdemeanor and the employer may be charged with criminal contempt.
Voting Leave
A New York employee without sufficient time to vote outside of working hours may take up to 2 hours of paid leave to vote. An employee with 4 consecutive hours off while the polls are open shall be deemed to have sufficient time to vote. Unless an employer and employee otherwise agree, voting time off must be at the end or beginning of the shifts as designated by the employer. Employees must give at least 2 days notice of the need for leave time to vote. Employers must post conspicuous notices about this law not less than 10 working days before every election. Employers should ensure they are also complying with the FLSA regarding exempt employees.
Caution: The federal Fair Labor Standards Act prohibits deductions from the pay of salaried, exempt employees. Employers should consider contacting an HR Professional before denying pay for jury, witness, or voting leave.
For more information and to learn how GTM provides HR solutions for businesses of all sizes, contact us at (518) 373-4111.
