Jury Duty Leave and Pay Requirements in New Mexico
At a glance
| Governing law | N.M. Stat. Ann. § 38-5-18 (employer prohibited from penalizing employee for jury service) |
|---|---|
| Jury service covered | Receiving a summons for jury service, responding to the summons, serving as a juror, and attending court for prospective jury service (§ 38-5-18(A)) |
| Employers and employees covered | Written as a flat duty of any 'employer' toward any 'employee'; § 38-5-18 states no employer-size, tenure, or classification gate |
| Time-off entitlement | The absence to respond to a summons, take part in jury selection, and serve is protected: the employer may not deprive the employee of employment because of it (§ 38-5-18(A)) |
| Employer-paid wages | None. No New Mexico statute requires wage continuation for jury service; § 38-5-18 protects the job and PTO, not a paycheck during service |
| PTO and juror-fee treatment | The employer may not require or request that the employee use annual, vacation, or sick leave for jury time (§ 38-5-18(B)) — but this does not force an employer to provide such leave to employees not otherwise entitled to it under company policy. The section does not address crediting the court's juror fee against wages |
| Employee notice and proof | Section 38-5-18 imposes no express advance-notice period, written-notice form, or summons-copy requirement on the employee |
| Scheduling and return-to-work rules | No shift-rest window, night-shift excusal, minimum-release period, or long-trial rule appears in § 38-5-18 |
| Job protection and remedies | The section prohibits depriving an employee of employment or threatening or coercing the employee because of jury service (§ 38-5-18(A)), but states no fine, damages measure, or express private right of action of its own; an employee penalized for jury service must look to general law for a remedy |
Protected job, protected PTO, unpaid time
New Mexico's rule for employees called to jury service is N.M. Stat. Ann. § 38-5-18. An employer may not deprive an employee of employment, and may not threaten or otherwise coerce the employee, because the employee receives a summons, responds to it, serves as a juror, or attends court for prospective jury service. The protection covers the whole process, from answering the summons through actual service.
New Mexico adds a protection many states lack: the employer may not require or request that the employee use annual, vacation, or sick leave for the time spent responding to a summons, going through jury selection, or serving on a jury. In other words, an employer cannot make the employee burn accrued paid leave to cover jury days. The statute is careful to add that this does not force an employer to create leave for employees who would not otherwise have it under company policy.
What the section does not do is require the employer to pay wages. No New Mexico statute requires wage continuation for jury service, so New Mexico is a protected-but-unpaid state. An employer policy or union contract may provide paid jury leave, but the statute does not command it.
Notice, scheduling, and fees
Section 38-5-18 sets no advance-notice deadline, requires no particular written notice, and does not spell out a right to produce a copy of the summons. It contains no rule about shift rest, release time, or long trials, and it does not address crediting the court's juror fee against any wages an employer chooses to pay. As a practical matter, an employee should still notify the employer promptly and keep the summons.
Enforcement
Section 38-5-18 is unusual in what it leaves out: it prohibits the employer's conduct but states no fine, no damages formula, and no express private lawsuit of its own. That does not make the prohibition toothless, but it means an employee penalized for jury service has to look to general New Mexico law — for example, a wrongful-discharge theory — rather than to a remedy written into this section. Anyone in that situation should get legal advice about the available avenues.
What trips people up
The strongest, most concrete feature of New Mexico's statute is the no-forced-PTO rule. An employer cannot dock your vacation or sick balance for jury days, even though it does not have to pay you for them.
The gap in the statute is enforcement. Because § 38-5-18 names no penalty or private action, the practical strength of the job protection depends on general law, not on a damages provision built into the jury statute itself.
Common questions
Can a New Mexico employer fire me for serving on a jury?
No. Depriving an employee of employment, or threatening or coercing the employee, because of a jury summons or service violates § 38-5-18.
Can my employer make me use vacation or sick leave for jury duty?
No. The employer may not require or request that you use annual, vacation, or sick leave for responding to a summons, jury selection, or serving.
Does my employer have to pay me?
Not under this statute. New Mexico does not require wage continuation for jury service, though an employer may choose to pay.
What remedy does the jury statute give me if I am penalized?
Section 38-5-18 states no penalty or lawsuit of its own; enforcement runs through general New Mexico law, so consult a lawyer about your options.
Statutes and sources
- N.M. Stat. Ann. § 38-5-18: bars depriving an employee of employment, or coercing the employee, because of jury service, and bars requiring or requesting use of annual, vacation, or sick leave for jury time — New Mexico Judiciary official jury page reproducing the statute (accessed July 13, 2026); cross-checked against the Justia 2025 New Mexico Statutes mirror.
Source links
Every statute quoted above, linked, with the date we checked it.
What does New Mexico law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current New Mexico law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace