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All employees are entitled to be absent from work to undertake voluntary community emergency activities or jury service. This is called community service leave. There is no set limit on how much leave you can take, but you may have to supply your employer with:
Community service leave is generally unpaid. However, if the leave is for jury duty, then you are entitled to ‘make up pay’ for up to the first 10 days that you miss work because of jury service. Make up pay is the difference between your ordinary pay and what you are paid for jury service.
For information about the amount payable for jury service in NSW, see the ‘Payment for jury service’ page of the
Courts and Tribunal Services website.
State or Territory laws may provide for better entitlements than the National Employment Standards in relation to community service leave. You should contact the
Fair Work Ombudsman or get
legal advice to find out what you are entitled to.
You should check your award, enterprise agreement or contract of employment to see if you are entitled to any extra leave.
If your employer refuses to pay you for leave that you are entitled to, there are steps you can take to try and recover the money that you are owed. For more information, see
What if my entitlements are not paid?
Case study – Wanda
Wanda received a notice that she was required to attend court for jury duty. Wanda was selected for the jury and had to take off three weeks (15 work days) for the trial.
The next payday Wanda noticed her employer had not paid her for the time she attended the trial. Wanda got some legal advice and was told her employer should have paid her the difference between her ordinary pay and the payment she received for jury service, for the first ten days of jury service.
Courts and Tribunal Services
Fair Work Ombudsman