Section 521 of the New York State Judiciary Law
has been amended to provide a different method of payment of the jury per diem
allowances to, among others, CUNY employees who serve on State or local juries
in New York State. When staff are summoned to New York State and local jury
duty, the procedures listed here are to be followed.
Prior to the commencement of jury service, a copy of the summons which
specifies the date service is to begin must be submitted to the Office
of Human Resources and Labor Relations. Please
remember that an employee of CUNY is a "State or local employee" for the purpose
of Section 521 and the employee must answer in the affirmative when asked this
question by appropriate court personnel.
At the completion of jury duty service
employees must present a photocopy of the completed jury duty certificate to
the Office of Human Resources and Labor Relations. The certificate must include
the employee's name, dates of jury duty service, and the signature or stamp
of the appropriate court clerk.
If the State inadvertently issues a check for
per diem jury duty service, the employee must reimburse the College. An employee
who serves on federal or out-of-state jury duty will continue to receive a per
diem allowance and must follow the old procedure, i.e. reimburse the College
upon receipt of payment.
PLEASE NOTE:
Full time employees who serve on jury duty while
on a regularly scheduled day off for which they are not receiving salary
or wages, are entitled to receive the jury duty per diem allowance for
jury duty service on such days off.
Fill time employees who serve on jury duty while
on paid vacation time (annual leave) or while on a paid leave of absence, are
not entitled to receive the jury duty per diem allowance for jury duty service
on such days. However, the Law exempts full-time teaching instructional staff
from this provision during the summer months provided they are not teaching
summer school for additional compensation.
Full time employees working night shift who also
serve on jury duty during daytime hours of the same day are not entitled
to receive the jury duty per diem allowance.
Adjunct staff may have absences excused
if the jury duty service prevents his or her teaching a particular class or
observing a specific assignment. Prior to commencement of jury service the Office
of Human Resources and Labor Relations should be contacted as detailed above.
Continuing Education teachers are covered
by Article 17 of the PSC contract, which states that "employees who are required
to serve on a jury, or are required to report for jury examination, or to qualify
for jury duty, shall receive their regular salary during such absences provided
that they remit to the University an amount equal to the compensation received
by them, if any, for jury duty."
College Assistants who are serving Jury Duty get paid by Kingsborough
Community College for the first 3 days served- provided they are schedule work
days. They are paid their regular wage for the day or $40, whichever is less.
A memo must be submitted to the Human Resources Office by their supervisor stating
normal work schedule prior to serving Jury Duty.