Information for employers
For our jury system to work, it is essential that employers work with the courts to ensure that all citizens are available to serve on juries when called. The courts understand that losing an employee to jury service is a disruption for you and your company, but juries are a fundamental principle citizens depend on. With the right of trial by jury, comes the responsibility to serve on one. The importance of your participation in supporting your employees to serve as jurors cannot be emphasized enough.
Do I have to let my employee serve as a juror?
Yes. Wisconsin Statute 756.255 states that an employer shall grant an employee a leave of absence for jury service.
Can a juror have service postponed?
Yes. The court understands that many businesses have busy seasons. The court does allow for postponements. If the court in the county where your employee resides has a jury website, review the postponement policy for that specific jurisdiction. Note: Some requests for postponements must be received prior to receiving a summons, so you may want to ask your employees to inform you as soon as they receive information regarding jury service.
Do I have to pay my employees their regular salary when they are serving as jurors?
No. State law currently does not require employers to continue paying the salary of employees who are absent because of jury service. Many employers, however, including state, federal and many local governmental agencies, have a policy of compensating employees for at least part, if not all, of the time spent in jury service. Employers and businesses are encouraged to support the jury system by paying employees while they are serving as jurors. If employers do pay their employees during jury service, they have the right to require employees to remit the per diem (excluding mileage) they received for jury service.
How much does the county pay jurors?
The amount differs from county to county. Check the county jury website to find the per diem amount paid by that specific county.
Can an employer discharge or discipline an employee for serving as a juror?
No. An employer shall grant an employee a leave of absence without loss of time in service for the period of jury service. For the purpose of determining seniority or pay advancement, the status of the employee shall be considered uninterrupted by the jury service. No employer may use absence due to jury service as a basis for discharging an employee or for taking any disciplinary action against an employee.
Can an employer be fined for discharging or disciplining an employee who serves as a juror?
Yes. An employer who discharges or disciplines an employee may be fined not more than $200 and may be required to make full restitution to the aggrieved employee, including reinstatement and back pay.
The Wisconsin Court System appreciates your cooperation in supporting your employees to serve as jurors. If you have additional questions or concerns go to the specific jurisdiction on the county circuit court contacts page or call the Clerk of Circuit Court office directly.