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Obligation of Employers

The State Statute that describes the obligation of employers is:

NMSA 1978 38-5-18. Employer prohibited from penalizing employee for jury service:

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 juror or attends court for prospective juror service.

  1. 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.

38-5-19. Penalty

An employer, either individually or through his agent, who violates 38-5-18 NMSA 1978 of this act is guilty of a petty misdemeanor.