Miscellaneous Leave Provisions – Jury Duty, Voting, Election Official, Hostage Leave, and Leave Usage upon Death of Family Member

Original Issuance Date: July 1, 2015
Last Revision Date: August 12, 2019

1. Policy Purpose

The purpose of this policy is to establish guidelines granting paid leave for jury duty, voting, and serving as an election official during working hours. This policy also provides for a paid leave of absence in certain circumstances after an employee is held hostage and outlines leave usage upon the death of an immediate family member.

2. Policy Background

Paid leave for jury duty for classified employees (university staff effective July 1, 2015) was provided for in Wis. Stat. § 230.35(3)(c) and Wis. Admin. Code § ER 18.10.

Time off to vote is provided to all employees pursuant to Wis. Stat. § 6.76.  Additional provisions for classified employees (university staff as of July 1, 2015) were set forth in Wis. Stat. § 230.35(4)(e) and Wis. Admin. Code § ER 18.11.

Provisions related to the use of sick leave after the death of an immediate family member for former classified employees (university staff effective July 1, 2015) were set forth in Wis. Stat. § 230.35(2) and Wis. Admin. Code § ER 18.03(4)(d).  This benefit was provided for faculty, academic staff and limited appointees in University Personnel Guideline #10.04(1)(c), Unclassified Staff Sick Leave Policy

Provisions related to hostage leave and serving as an election official were provided for in past collective bargaining agreements and compensation plans.

Effective July 1, 2015, the provisions detailed above are now outlined in this policy and apply to all UW System employees.

3. Policy Definitions

Please see SYS 1225, General Terms and Definitions, for a list of general terms and definitions.

Definitions specific to this policy:

Election Official: An individual who is charged with any duties relating to conducting an election.

Hostage: An employee who was held against his or her will for a period of time, and the person or persons holding the employee attempted to obtain a pledge from the University to submit to certain terms and/or conditions prior to releasing the employee.

Immediate Family Member: Includes all of the following:

• Employee’s legal spouse.
• Employee’s domestic partner.
• Children of employee or employee’s spouse or domestic partner (biological, adopted, step or foster child, or legal ward).
• Grandchildren of the employee or employee’s spouse or domestic partner.
• Parents of employee or employee’s spouse or domestic partner (biological, adopted, step or foster parent, or legal guardian of employee).
• Grandparents of employee or employee’s spouse or domestic partner.
• Brothers and sisters and the spouse or domestic partner of the brothers and sisters of the employee or the employee’s spouse or domestic partner.
• Aunts and uncles of the employee or the employee’s spouse or domestic partner.
• Sons-in-law or daughters-in-law (including domestic partner of the son or daughter) of the employee or the employee’s spouse or domestic partner.
• Other relatives of the employee or the employee’s spouse or domestic partner who reside in the same household of the employee.

Jury Duty: Time responding to a jury summons or serving on a jury.

4. Policy

A. Jury Duty

1. All University of Wisconsin System employees are entitled to leave for jury duty during standard office hours as defined in SYS 1227, Standard Office Hours, Legal Holidays and Other UW System Institution Closures.
   • If an employee’s work schedule is outside of standard office hours (e.g. the employee works second or third shift), the following manner should be followed: employee is entitled to leave for jury duty and is entitled to be temporarily transferred to first shift (standard office hours) for the period of jury duty. Upon supervisor approval, the employee may trade shifts to accommodate jury duty.
2. All sick-leave eligible faculty, academic staff, limited appointees, and university staff are entitled to leave with pay when summoned for grand or petit jury duty. UW earnings are not reduced by any pay the employee receives for jury duty service.
3. Employees who are not sick-leave eligible are entitled to leave without pay for jury duty.
4. When not impaneled for actual service and only on call, the employee should report to work unless authorized by the institution to be absent.

B. Voting Time

1. All University of Wisconsin System employees are entitled to leave to vote during the employee’s standard working hours if the employee is unable to vote during non-working hours.
2. All sick-leave eligible faculty, academic staff, limited appointees, and university staff are entitled to up to three consecutive hours of leave with pay to vote.
3. Employees who are not sick-leave eligible are entitled to leave without pay to vote.
4. The institution will determine the process an employee must follow to request leave to vote.

C. Election Official Time Off on Election Day

1. All University of Wisconsin System employees are entitled to leave to serve as an election official during standard office hours on a public, special, primary or general election day.
2. All sick-leave eligible faculty, academic staff, limited appointees, and university staff are entitled to leave with pay to serve as an election official during work hours on a public, special, primary or general election day.
3. Employees who are not sick-leave eligible are entitled to leave without pay to serve as an election official.
4. Employees must submit a written or verbal request to be absent to serve as an election official in advance of the election and, upon institutional request, must provide written verification from the municipal clerk of their appointment as an election official.
5. Any employee who is approved to be absent without loss of pay to serve as an election official must provide the institution with written proof of the amount of compensation that he/she receives as an election official.
   1. The employee may elect to receive his/her state pay OR the pay he/she receives for being an election official.
   2. If state pay is selected, the amount of pay for being an election official must be deducted from the state pay.
   3. If an employee uses accrued paid leave time (excluding sick leave) to serve as an election official, the employee will not be required to deduct the election official pay from their state pay.
6. The institution reserves the right to limit the number of employees approved for leave on any given election day, based on operational needs.

D. Hostage Leave

If a sick-leave eligible employee alleges that he or she suffered an injury as a result of being taken hostage, the UW institution may approve a leave of absence without loss of pay or benefits for up to 45 calendar days from the date of the conclusion of the hostage event upon documentation from a mental health professional.

E. Leave Usage upon the Death of an Immediate Family Member

Any employee in a sick-leave earning appointment may use accrued sick leave or any other accrued paid leave after the death of an immediate family member. See Operational Policy BN 3: Sick Leave for additional information about circumstances in which sick leave may be used.

1. Accrued leave, including sick leave, may be used within 14 calendar days following the death of an immediate family member. Upon institutional approval, additional leave, including sick leave, may be used after the first 14 calendar days following the death.
2. Up to three days of sick leave may be used after the death of an immediate family member. An additional four days of sick leave may be used for travel time related to a funeral or other circumstances after the death of an immediate family member.
3. Institutions can approve reasonable requests for additional time off or use of additional sick leave on a case-by-case basis.

5. Related Documents 

SYS 1212, Sick Leave
SYS 1227, Standard Office Hours, Legal Holidays and Other Institution Closures

6. Policy History

Jury Duty: Wis. Stat. § 230.35(3)(c) and Wis. Admin. Code § ER 18.10, Jury service
Voting Time: Wis. Stat. §§ 6.76 and 230.35(4)(e) and Wis. Admin. Code § ER18.11, Voting time
Hostage Leave: 2013-2015 Compensation Plan (Section K 8.00)
Use of Sick Leave after Death of Immediate Family Member: Wis. Stat. § 230.35(2), Wis. Admin. Code § ER 18.03(4)(d), University Personnel Guideline #10.04(1)(c): Unclassified Staff Sick Leave Policy

Reviewed by the Board of Regents, April 10, 2015