Do you know the ins and outs of jury duty? What about your obligations as an employer? We have put together some answers to commonly asked questions.
What is jury duty?
Jury duty or jury service is a type of community service leave.
Can an employee take leave to attend jury duty?
Yes, employees can take leave to attend jury selection and jury duty. This includes casual employees.
Do I need to pay an employee attending jury duty?
Full and part-time employees receive make-up pay from their employer for the first 10 days of jury duty. Make-up pay is the difference between any jury duty pay received or that’s payable from the court (excluding any expense-related allowances) and their base rate for the ordinary hours they would’ve worked.
Under the National Employment Standards, casuals do not receive payment from their employer. However, they may receive jury duty entitlements.
Can I ask for evidence?
Employees must advise their employer as soon as possible if they are attending jury duty. In addition, they need to indicate how long they expect to be away. Yes, employers can ask for evidence.
Before paying make-up pay, you may request evidence from the employee to show:
- that the employee has taken all necessary steps to obtain jury duty pay
- the total amount of jury duty pay that has been paid or will be payable to the employee for the period.
If the employee can’t provide evidence, they won’t be entitled to make-up pay.
For more information about jury duty and your employer obligations, visit the Fair Work website.
Need advice specific to your business? Get in touch with Lisa (firstname.lastname@example.org) or Nick (email@example.com), or call (07) 46383599.