Witness Duty

A Witness Duty policy explains when employees can take job-protected time off to comply with a subpoena or court order to testify, how to request the leave and provide documentation, whether the time is paid or unpaid (including exempt vs. non-exempt rules and PTO options), and your organization's non-retaliation expectations, with jurisdiction-specific requirements where applicable.

How to Write a Witness Duty Policy

• Start with "why" and introduce the concept.
• State that employees may take time off to appear as a witness in a judicial proceeding.
• Explain the notice expectation and the need to share anticipated time away and updates.
• Describe how pay works during witness duty leave, including options to use accrued paid time off and when paid time applies.
• Address exempt salary treatment for partial-week versus full-week absences.
• Reserve the right to request documentation of court attendance after the leave.
• Prohibit retaliation or discipline for complying with a legal obligation to appear or for the nature of the testimony.

For advice on writing a Witness Duty policy in a specific jurisdiction, see below.