Wisconsin Jury Duty/ Court Appearance laws & HR compliance analysis

Wisconsin Jury Duty/ Court Appearance: What you need to know

Jury duty. Wisconsin law requires employers to give employees time off for jury service without adverse effect on seniority or pay raises.
In addition, employers are prohibited from discharging or disciplining employees for serving as jurors (WI Gen. Stat. Sec. 756.2555).
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Court appearance. Similarly, an employer may not discharge an employee who has been subpoenaed to testify in a criminal case.
However, the employee must notify the employer of the subpoena on or before the first business day after receiving the subpoena (WI Gen. Stat. Sec. 103.87).
Private employers. Wisconsin law does not generally require private employers to pay employees while they are absent for jury duty or court appearance.
However, if a person is subpoenaed to testify in a criminal action or proceeding against the employer or an incident involving the person during the course of his or her employment, the employer may not decrease or withhold the employee's pay for any time lost resulting from compliance with the subpoena (WI Gen. Stat. Sec. 103.87).
Public employers. Public employees who are called to jury duty are entitled to a paid leave of absence with neither a deduction nor interruption of pay from the state because of such absence (WI Gen. Stat. Sec. 230.35(3)(c)).
Best practices. Regardless of state law requirements, most employers do pay all employees called to jury duty or court appearances.
The prevailing attitude among employers is that an employee summoned to serve on a jury or to testify has a civic obligation and that it is the company's responsibility to support the fulfillment of that obligation. This is achieved by protecting the employee from loss of income and by making the necessary arrangements to cover ...

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