Community service leave

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:

• notice, as soon as it is practical for you to do so
• information about how long you expect to be on leave
• evidence of the community service you are involved in.

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?