Employer prohibited from penalizing employee for jury service.

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A. An employer shall not deprive an employee of employment or threaten or otherwise coerce the employee because the employee receives a summons for jury service, responds to the summons, serves as a juror or attends court for prospective jury service.

B. An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury service, participating in the jury selection process or serving on a jury. Nothing in this subsection requires an employer to provide annual, vacation or sick leave to employees who are not otherwise entitled to those benefits under company policies.

History: Laws 1979, ch. 47, § 1; 2005, ch. 107, § 10.

ANNOTATIONS

The 2005 amendment, effective July 1, 2005, added Subsection B to prohibit employers from requiring or requesting that employees use annual, vacation or sick time for jury service, and provided that employers are not required to grant leave time to employees who are not otherwise entitled to those benefits.

Law reviews. — For article, "Defending the Abusively Discharged Employee: In Search of a Judicial Solution," see 12 N.M.L. Rev. 711 (1982).


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