Witness Duty: Florida

This Witness Duty policy applies to employees in Florida under Florida Statutes Section 92.57, which protects employees from being discharged or threatened with discharge for serving as a witness in a criminal proceeding. A clear policy helps your organization set expectations around notice, scheduling, pay treatment for exempt and non-exempt employees, and documentation, while reinforcing that employees can comply with a subpoena or court notice without fear of retaliation.

The History Behind Witness Duty Policies in Florida

This Witness Duty policy traces back to a basic problem in Court Appearances & Civic Duty: courts can't function if witnesses fear losing their jobs for showing up. Florida's Legislature addressed that in Florida Statutes section 92.57, which makes it unlawful for an employer to discharge, threaten, or penalize an employee because the employee serves as a witness in a judicial proceeding. The law also gives employees a way to recover damages and attorneys' fees, which pushed the issue out of the "nice to have" category for employers.

Federal law filled in the pay side of the story. The Fair Labor Standards Act's salary-basis rules generally require you to pay exempt employees their full salary for any week in which they perform any work, even if they miss time for court, and they allow unpaid deductions only in narrow situations (like a full-week absence for personal reasons).

Employers also learned the hard way that "don't retaliate" needs to mean more than "don't fire." Retaliation claims often turn on smaller actions like schedule cuts, discipline, or negative performance notes that show up right after testimony. A clear policy became the simplest way to keep managers from freelancing in the moment and to show consistent, lawful treatment when a subpoena lands.

Which Law is the Witness Duty Policy Meant to Comply With?

If you create and distribute a Witness Duty Policy for your Florida-based employees, it is in an effort to comply with Florida's Witnesses in criminal proceedings, victim or witness; employer prohibited from discharging or disciplining employee (Fla. Stat. § 92.57).

How to Write a Florida-Specific Witness Duty Policy

• Start with "why" and introduce the concept, explain that your Florida employees can take time off to comply with witness obligations in judicial proceedings.
• Set an expectation that employees will give notice and share anticipated absence details when they receive a subpoena or court notice.
• Explain how pay works for non-exempt employees, including unpaid leave by default with options for using accrued PTO and paid time when testifying on your organization's behalf.
• Explain how pay works for exempt employees, including when salary continues and when a full-week absence is unpaid.
• State that employees may need to provide documentation confirming court attendance after returning to work.
• Include a non-retaliation commitment that employees won't face adverse action for lawful witness participation or the content of their testimony.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

Most employers can skip a policy on this and be fine, as long as they comply behind the scenes when it applies. Consider adding it only if you have employees who are likely to run into this situation, your industry makes it more relevant, or your existing policies leave a gap. Otherwise, this is better handled as a targeted procedure or an one-off communication when the scenario actually comes up. 

Other Considerations

The law applies to Florida employers who have at least 1 employee in the US.

Exceptions

None