Jury Leave In Australia: What Employers Need To Know

When an employee is called for jury duty, it can raise quick questions for small business owners: Do you have to pay them? How do you roster around it? What evidence can you request?

The good news is that the Fair Work Act sets out clear rules for “community service leave” (which includes jury service), and with the right processes, you can stay compliant while keeping your operations running smoothly.

In this guide, we’ll break down your obligations around jury leave in Australia, what you can (and can’t) ask for, and practical steps to manage payroll and rosters. We’ll also cover policies and contract clauses that help you handle jury duty efficiently and fairly.

What Is Jury Leave And When Can Employees Take It?

Under the National Employment Standards (NES) in the Fair Work Act, employees are entitled to take community service leave for jury service. This covers reasonable time for attending court, travelling and waiting time as required by the court.

Who Is Eligible?

• All employees (including part-time and full-time) are entitled to community service leave when summoned for jury service.
• Casual employees are also entitled to take unpaid time off for jury service, though the paid component (make-up pay) under the NES generally does not apply to casuals unless an award or enterprise agreement says otherwise.

How Much Leave Can Be Taken?

Employees can take as much time as is reasonably required by the court summons and jury service obligations, including time for travel and waiting. There’s no strict cap on the total number of days for the leave itself-the entitlement lasts for the duration of the jury service.

Do You Have To Pay Employees On Jury Duty?

For full-time and part-time employees, the NES requires employers to pay “make-up pay” for the first 10 days of jury service. Make-up pay means the difference between the amount the employee would have earned for their ordinary hours and the jury service payment they receive from the court (excluding any travel or meal allowances).

How Make-Up Pay Works

• You pay the employee their usual base rate for ordinary hours for up to the first 10 days of jury service.
• From that amount, you subtract the jury service payment they receive from the court (not including expense allowances).
• If the court pays the employee after the fact, you can pay the full amount in the payroll cycle and then reconcile once the employee provides written proof of the amount received.

Beyond 10 Days

The NES make-up pay requirement is capped at 10 days. If the employee serves longer, you’re not required under the NES to continue make-up pay after day 10. However, the employee remains entitled to unpaid community service leave for as long as the court requires their attendance.

Some modern awards or enterprise agreements may provide additional paid entitlements-so always check the relevant award/EA before making a final call. If you need help interpreting your obligations, an Employment Lawyer can review your situation and documents.

Casual Employees

Casuals are typically entitled to unpaid leave for jury service under the NES, but not make-up pay (unless an award or agreement states otherwise). Make sure your Employment Contract for casuals is clear about entitlements and processes (evidence, notice, and roster impacts).

Does Jury Leave Count As Service?

Yes. Time away on community service leave (including jury service) counts as service for the purposes of leave accrual and continuity of employment under the Fair Work Act. This means the employee continues to accrue annual leave and personal/carer’s leave while on jury leave.

Is Superannuation Payable On Make-Up Pay?

Superannuation is generally payable on ordinary time earnings. Whether super is required on jury duty make-up pay can depend on how the payment is structured and the applicable industrial instrument. It’s sensible to confirm treatment with your payroll adviser and consider the ATO’s view on ordinary time earnings (OTE) in your specific circumstances.

Evidence, Notice And Payroll: How To Administer Jury Leave

Clear processes make jury leave straightforward for both you and your team. Here’s how to manage the admin confidently.

What Notice Can You Require?

Employees must give you notice of their jury service as soon as practicable. In most cases, they’ll show you the court summons as soon as they receive it. If the timing is tight, ask for notice by phone or email immediately, with copies of documents to follow.

What Evidence Can You Request?

• A copy of the court summons (before service).
• Written evidence from the court that the employee attended (e.g., attendance confirmation) and for how long.
• Evidence of the amount paid by the court (to calculate make-up pay). This helps you subtract the jury payment from their usual pay for the first 10 days.

Payroll Steps To Get Right

• Set up a specific leave code in your payroll system for “Jury Service - Community Service Leave.”
• For the first 10 days, process make-up pay at the employee’s base rate for ordinary hours, less jury service payments (exclude meal/travel allowances from the deduction).
• After 10 days, process unpaid leave (unless an award/EA or policy provides additional pay).
• Continue accrual of annual and personal/carer’s leave during jury service.

If the employee’s service extends beyond 10 days and they request time away without pay, make sure your handling aligns with any internal rules you’ve set in your leave without pay procedures.

Can Employees Work Around Jury Duty?

Sometimes an employee will sit on call and not be required every day. They might ask to work partial days or different shifts if court finishes early. You can agree to flexible arrangements if it suits the business and doesn’t conflict with the court’s requirements. Keep communication open and confirm any variations in writing (even a short email is fine).

Rostering, Coverage And Communication: Managing Operations While Staff Are On A Jury

Jury duty can be unpredictable. A small business can manage the impact well with proactive planning.

Plan Coverage Early

• As soon as you receive notice, review upcoming rosters and deadlines. Identify critical shifts or responsibilities the employee covers.
• Reassign responsibilities to other team members and consider casual backfill where required. Make sure your roster changes continue to comply with legal rostering requirements (minimum hours, breaks, and maximum hours as per applicable awards/EA).
• Flag any important client commitments that may be affected and arrange a handover in advance.

Keep Communication Friendly And Clear

Encourage the employee to keep you updated on their attendance requirements and likely end date. Confirm any changes to rosters or responsibilities in writing so everyone is aligned.

Respect Legal Protections

It’s unlawful to take adverse action against an employee because they’re fulfilling a civic duty like jury service. Avoid penalising, threatening, or dismissing an employee due to jury leave. If you’re unsure about a tricky situation (e.g., jury service during peak trading), speak with an Employment Lawyer before taking any action.

Policies, Contracts And Training: Set Up Your Business For Smooth Compliance

A little preparation goes a long way. The right contracts and policies make jury leave easy to administer and reduce stress when a summons arrives.

Employment Contracts

Make sure your Employment Contract for permanent staff and your Employment Contract for casuals clearly reference community service leave entitlements in line with the NES. Include expectations around notice, providing the summons, and submitting attendance/payment evidence.

Workplace Policies And Staff Handbook

• Workplace Policy on Leave: A short, plain-English policy covering how to request leave, what evidence to provide, and who to notify.
• Staff Handbook: Centralise leave rules (including community service leave) so managers and employees follow the same process.
• Payroll Procedure: A one-pager for your payroll team on make-up pay, deductions for court payments, accruals and any super treatment your business adopts.

Training For Managers

Make sure your managers understand that jury service is a legal entitlement, that employees must not be disadvantaged, and that they should handle rostering changes fairly. A short annual refresher helps keep everyone on the same page.

Record Keeping

Keep copies of the summons, attendance confirmations and court payment evidence with the employee’s leave record. Accurate records support correct payroll calculations and demonstrate compliance if questioned later.

Key Legal Risks And Common Mistakes To Avoid

Jury leave is generally straightforward, but a few areas commonly cause problems for small businesses.

1) Not Paying Make-Up Pay For The First 10 Days

For permanent employees, failing to pay make-up pay (less court payments) for the first 10 days is a common error. Set a reminder workflow in your payroll system to avoid underpayments.

2) Deducting The Wrong Amount

Only deduct the jury service payment from the court that relates to earnings-don’t deduct expense allowances (such as travel or meals). Ask the employee to provide the court’s payment breakdown to make this clear.

3) Treating Jury Leave As Unpaid By Default

It’s unpaid for casuals (unless an award/EA says otherwise), but it is paid (via make-up pay) for permanent staff for the first 10 days. Don’t default to unpaid leave for everyone.

4) Poor Communication And Rostering

Unplanned roster gaps cause avoidable customer and staff stress. As soon as you receive the summons, plan coverage and update affected teams. Ensure your rosters remain compliant with working time and break rules.

5) Adverse Action Risks

Don’t penalise, reduce hours unfairly, or terminate someone because they’ve been summoned. If operational pressure is high, explore lawful options and seek advice from an Employment Lawyer before making decisions that affect employment.

6) No Clear Policy Or Process

Without a simple policy and payroll procedure, every summons becomes a scramble. Put a short policy in place now, update your handbook, and train managers. If extended absence after the first 10 days becomes necessary, align it with your leave without pay approach.

Key Takeaways

• Jury service is covered by community service leave under the NES; employees can be absent for the time reasonably required by the court.
• For full-time and part-time staff, you must provide make-up pay for the first 10 days (their base pay for ordinary hours minus the court’s jury payment, excluding expense allowances).
• Casuals are generally entitled to unpaid leave for jury service unless an award or enterprise agreement provides otherwise.
• Time away on jury leave counts as service and leave continues to accrue; confirm any super treatment on make-up pay with your payroll adviser and consider the ATO position on ordinary time earnings.
• Ask for reasonable evidence: the summons, attendance confirmation and the court’s payment details to calculate make-up pay correctly.
• Put clear processes in place with an Employment Contract, a concise Workplace Policy and a practical Staff Handbook to streamline leave requests, payroll and rostering.
• Plan coverage early and keep communication open to minimise disruption while staying compliant.

If you’d like a consultation about setting up your jury leave processes and documents, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.