Put yourself in the shoes of this employer: you have an employee who is absent from work on four weeks annual leave. The employee has...
Leave entitlementsOctober 12, 2016
As an employer, yes, you are obliged to release any employee summoned for jury service as stated in the National Employment Standards (NES). The employee must be employed on a full-time basis, part-time basis or a regular casual employee for the past 12 months.
It is an offence to act in any way prejudicial to an employee if they have received a summons for jury service and you threaten to or take action such as:
What are the evidence requirements?
An employee should alert their employer of the requirement for jury service as soon as possible. Issues of serious inconvenience and/or hardship can then be discussed between the employee and the employer. However, it is important to remember that jury service is the responsibility of the person summoned.
How can I verify my employee attended jury service?
Each juror can request a certificate of attendance verifying the days they attended for jury service. Employers can ask for this certificate from their employee if verification is required.
Do I have to pay my employee while they are on jury service?
Jury service is the only form of community service leave that is paid. When employees take leave for jury service, they receive jury service pay from the government and employers then top this up to their usual pay for up to 10 days. Often referred to as ‘make-up pay’, it is the difference between any jury service payment the employee receives from the government and the employee’s base pay rate for the ordinary hours they would have worked.
An employee, other than a casual employee, has to be paid ‘make-up pay’ for the first 10 days of jury selection and jury service.
Before paying make-up pay, an employer may request evidence from the employee to show:
You can ask your employee for evidence they have taken steps to get the full amount of jury service pay and evidence of how much pay they received in the first two weeks. You do not have to pay community service leave for employees who are still doing jury service after 10 days.
If a state law provides for paid community service leave that is more generous than the NES, then the generous amount applies.
As Australia’s leading workplace relations specialist, Employsure can help you if you have any questions relating to jury service or employer obligations. Call us today on 1300 651 415 to speak with a specialist.