Leave for Serving on Jury Duty or as a Witness

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Policy Number:
UW-5058
Old Policy Number:
16.1
Responsible Office:
Office of Human Resources

University Policy

Rationale/​Purpose:

This policy establishes leave benefits for employees summoned to serve as a juror or as a witness for work-related legal matters, e.g., deposition, investigation, judicial proceedings, etc. This policy excludes service as an expert witness.

Definitions:
Jury Duty
Time responding to a jury summons, jury selection or serving on a jury.
Witness
For purposes of this policy, an employee with knowledge of a work-related matter who is called to testify including, but not limited to, by a court, government agency, or at the request of the university.
Work-Related Matter
For purposes of this policy, a situation or subject that involves the University of Wisconsin-Madison or its affiliates. This excludes personal matters and personal legal matters (for example an employee’s individual grievance and/or an employee’s personal complaint) in which an employee initiates action brought against the University of Wisconsin-Madison or its affiliates.
Scope:

Faculty, Academic Staff, Limited Appointees, and University Staff. 

Policy:
  1. Jury Duty
    1. Reporting to Work
      1. When an employee is not actively participating in jury selection or serving on a jury, e.g., on call, they must report to work.
      2. If the employee’s work schedule is outside standard office hours (e.g., the employee works second or third shift), the employee is entitled to leave for jury duty and is entitled to be temporarily transferred to first shift (standard office hours) for the period of jury duty. Upon supervisor approval, the employee may trade shifts to accommodate jury duty.
    2. Leave Usage
      1. All sick-leave eligible faculty, academic staff, limited appointees, and university staff are entitled to leave with pay when summoned for grand or petit jury duty.
      2. Employees who are not sick-leave eligible are entitled to leave without pay for jury duty.
    3. Pay While Serving as a Juror
      1. Faculty, Academic Staff, Limited appointees, and University Staff who are sick-leave eligible are entitled to receive their regular salary in addition to juror pay. UW earnings are not reduced by any pay the employee receives for jury duty service.
      2. Employees who are not sick-leave eligible are not entitled to receive their regular salary while on leave but may receive pay for jury duty.
  2. Serving as a Witness
    1. Reporting to Work
      1. When an employee is not serving as a witness for a work-related matter, but is on call as a witness, they must report to work.
      2. If the employee’s work schedule is outside standard office hours (e.g., the employee works second or third shift), the employee is entitled to be temporarily transferred to first shift for the period they are serving as a witness in a work-related matter.
    2. Leave Usage
      1. All employees who serve as a witness for a work-related matter are not required to report leave for the time they are in court. The employee will remain in pay status for the duration of their service.
      2. If an employee is serving as a witness for a non-work-related matter, they must follow their division/department leave request and notification processes. For questions about paid and/or unpaid leave in this type of situation, please discuss with your division Payroll and Benefits Office.
    3. Pay While Serving as a Witness for a Work-Related Matter
      1. All employees covered by this policy are entitled to receive their regular salary while serving as a witness for a work-related matter.
  3. Non-Compliance
    1. Failure to comply with the requirements and provisions of this policy may result in discipline up to and including termination of employment. Please note per Wisconsin Statute 103.87, “No employer may discharge an employee because the employee is subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to Ch. 48 or 938.”
Related UW–Madison Documents, Web Pages, or Other Resources:
External References:

Policy Administration

Approval Authority:
Vice Chancellor for Finance and Administration
Policy Manager:
Associate Vice Chancellor/Chief Human Resources Officer
Contact:
Employment Relations Director -- Megan Dzyuba, wr@ohr.wisc.edu, (608) 890-3663
Date Issued:
06-26-2015
Revised Dates:

04-05-2019, 10-20-2023

Retrieved:
07-26-2025 15:36:42