Jury duty
Jury duty (jury service) is a type of community service leave.
All employees (including casual employees) can take leave to attend jury duty.
On this page:
- Leave for jury duty
- Notice and evidence
- Payment for full-time and part-time employees
- Payment for casual employees
- State and territory laws
- Related information
Leave for jury duty
Jury duty is a type of community service leave under the National Employment Standards (NES).
Under the NES, an employee can take time off work to attend jury duty. This includes for jury selection and reasonable travel and rest time.
In some circumstances, employees may be entitled to certain payments while attending jury duty. See Payment for full-time and part-time employees and Payment for casual employees.
Employees should also check if their award, enterprise agreement or employment contract includes more beneficial entitlements for jury duty leave.
State and territories have laws about jury duty and cover how court payments apply to employees. See State and territory laws.
Notice and evidence
An employee has to tell their employer about the period or expected period of leave for jury duty as soon as possible.
If an employer requests it, the employee also needs to provide evidence showing they will attend or have attended jury duty.
Payment for full-time and part-time employees
While attending jury duty, full-time and part-time employees may get payments from:
- their employer
- the court, or
- their employer and the court.
The amount that the employer pays depends on whether the:
- employer has asked the employee to provide evidence of payment from the court
- employee has given them evidence
- employee has another entitlement under their award, enterprise agreement or employment contract.
Under the NES, employers must pay full-time and part-time employees for the first 10 days that they’re absent from work because of jury duty. The employer pays the employee’s base pay rate for the ordinary hours they would have worked.
However, an employer can ask an employee to give them evidence to show:
- that the employee has taken all necessary steps to get any amount of pay from the court the employee is entitled to for the first 10 days
- the total amount (even if it is $0) that the court has paid or will pay the employee for the period.
If an employee doesn't provide this evidence when asked, they won’t be entitled to any pay from the employer for the first 10 days that they’re absent from work.
If the employee does provide this evidence when asked, the employer only needs to pay them ‘make-up pay’ for the first 10 days that they’re absent from work. Make-up pay is the difference between:
- any payment the employee receives from the court for jury duty (excluding any expense-related allowances)
- the employee’s base pay rate for the ordinary hours they would have worked.
Example: Make-up pay for full-time and part-time employees
Julie and Samuel work in different workplaces. They are each required to attend jury duty and are chosen for the same jury.
The jury selection and trial last from Monday to Friday for 3 weeks (a total of 15 days).
Julie and Samuel are entitled to be absent from work for this period for jury duty. They separately give notice to their employers.
Each employer asks Julie and Samuel to show evidence of what the court will be paying them. Julie and Samuel each give their employer evidence that the court is paying them $90 per day.
The 2 employers say that they’ll pay Julie and Samuel make-up pay for the first 10 days that each is away from work. This is the difference between the court payment and their base pay rate for the ordinary hours they would have worked.
Julie
Julie is a full-time employee who works Monday to Friday. Her base pay rate is $300 per day.
Julie is away from work for 15 days over the 3 weeks.
For the first 10 days that she’s away from work, her employer pays her ‘make-up pay’ of $210 per day. This amount is the difference between the court payment of $90 and Julie’s base pay rate.
For the remaining 5 days, her employer isn’t required to pay her.
The court also pays Julie $90 per day for all 15 days of the jury duty.
Samuel
Samuel is a part-time employee who works 3 days a week, Monday to Wednesday. His base pay rate is $250 a day.
Samuel is away from work for 9 days over the 3 weeks.
Samuel’s employer pays him ‘make-up pay’ of $160 per day for the 9 days of work he misses on Monday to Wednesday for 3 weeks.
The court also pays Samuel $90 per day for all 15 days of the jury duty, including the Thursdays and Fridays.
Payment for casual employees
Casuals don’t get paid for jury duty under the NES.
Casuals may be entitled to payment from their employer under their award, enterprise agreement or employment contract. They may also be entitled to payment from the court under state or territory laws. See State and territory laws.
State and territory laws
State and territory laws continue to apply to employees where they provide more beneficial entitlements. For example, payment for casual employees during jury duty.
Find out more about jury duty in your state or territory:
- ACT: ACT Supreme Court
- NSW: NSW Communities and Justice
- NT: Supreme Court of the Northern Territory
- Qld: Queensland Government
- SA: Courts Administration Authority of South Australia
- Tas: Supreme Court of Tasmania
- WA: Western Australian Government
- Vic: Juries Victoria
Source reference: Fair Work Act 2009 ss.108-112
