Wisconsin: Jury Duty Leave and Pay Requirements
The short answer
Wisconsin requires an employer to grant a leave of absence for the period of jury service without loss of time in service. Seniority and pay-advancement status must remain uninterrupted, but the statute does not generally require wage continuation or address compelled PTO use. Discharge or discipline based on jury-service absence can lead to a fine of up to $200 and full restitution, including reinstatement and back pay.
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This is the general rule in Wisconsin. Ezel applies current Wisconsin law to your specific facts and answers with citations to the statutes.
| Governing law | Wis. Stat. § 756.255 |
|---|---|
| Jury service covered | The period of jury service under Wisconsin's jury chapter; the section does not separately enumerate summons response, selection, grand jury, or federal jury service (§ 756.255) |
| Employers and employees covered | Employers and employees generally; no employer-size, tenure, schedule, full-time, or permanent-worker limit stated (§ 756.255) |
| Time-off entitlement | Employer must grant a leave of absence for the period of jury service without loss of time in service (§ 756.255) |
| Employer-paid wages | No general wage-continuation requirement stated; preserving time in service and pay-advancement status is not a promise of wages during the absence (§ 756.255) |
| PTO and juror-fee treatment | No express rule on required or voluntary use of vacation, sick leave, or other PTO, and no employer offset for juror fees stated in § 756.255 |
| Employee notice and proof | No employee notice deadline, summons-copy requirement, or attendance-proof rule stated in § 756.255 |
| Scheduling and return-to-work rules | No night-shift rest window, same-day return requirement, or long-trial scheduling rule stated in § 756.255 |
| Job protection and remedies | Absence due to jury service may not be used as a basis for discharge or discipline. Violating employer may be fined up to $200 and required to make full restitution, including reinstatement and back pay (§ 756.255) |
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Leave without losing time in service
Wisconsin requires an employer to grant a leave of absence for the period of
jury service. The employee does not lose time in service, and the employee's
status is treated as uninterrupted when seniority or pay advancement is
calculated.
That wording protects continuity in the employment relationship. It does not
say the employer must pay wages for the hours or days spent at court. An
employer policy, collective-bargaining agreement, or another applicable rule
may provide paid jury leave, but § 756.255 does not create a general
wage-continuation mandate.
PTO, notice, and scheduling are not specified
Section 756.255 does not say whether an employer may require or an employee may
elect to use vacation, sick leave, or another PTO balance. It also contains no
rule coordinating employer pay with the juror fees paid under the neighboring
court-compensation statute.
The section states no employee notice deadline, summons-copy requirement, or
attendance-certificate requirement. It likewise provides no night-shift rest
window or same-day return-to-work deadline.
Discharge and discipline trigger restitution
An employer may not use an absence due to jury service as the basis for
discharging or disciplining the employee. A violating employer may be fined up
to $200 and may be required to make full restitution to the employee, including
reinstatement and back pay. The statute directs that restitution otherwise
follow Wis. Stat. § 973.20.
The text does not state a separate employee filing deadline or describe a
stand-alone private civil action in § 756.255 itself.
What trips people up
“Without loss of time in service” does not mean “with regular wages.” The next
sentence defines the continuity benefit by preserving seniority and
pay-advancement status; neither sentence promises pay during the court absence.
The remedy provision also reaches discharge or discipline. Section 756.255
does not separately list threats, attendance points, or lesser adverse actions,
so those should not be added to the statutory wording without another source.
Common questions
Must a Wisconsin employer allow jury-duty leave?
Yes. The employer must grant a leave of absence for the period of jury service.
Must the leave be paid?
No general wage-continuation duty appears in § 756.255. The statute preserves
service time, seniority, and pay-advancement status.
Can the employer make the employee use PTO?
Section 756.255 does not address compelled or voluntary use of vacation, sick
leave, or other PTO.
What can happen after an unlawful firing?
The employer may face a fine of up to $200 and full restitution, including
reinstatement and back pay.
Statutes and sources
- Wis. Stat. § 756.255: required leave, service-time continuity, seniority and
pay advancement, job protection, fine, and restitution —
official text
(accessed July 13, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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