Can an employee be asked to return to work after jury duty?
Yes.
However, an employer should consider whether it’s reasonable to ask the employee to return in the circumstances.
When working out whether the request is reasonable, employers should consider:
- when the jury duty finishes
- travel time
- the number of hours the jury service took
- when the employee is next required to work or return to jury duty
- notice given to return to work
- rest periods given
- other individual circumstances.
Example: reasonable request
Mia attends court at 9am for jury duty.
At 11am the jurors are no longer needed.
Mia calls her employer who asks her to come back to work and finish at her usual time.
The court is an hour away from Mia’s workplace.
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