What happens if my employee is called up for jury service?

Being called for jury service is a civic duty, but it can also raise questions for employers about pay, leave, and workplace responsibilities. If one of your employees receives a jury summons, it’s important to understand your legal obligations under Australian law, how to manage their absence, and how to support them during this time. This guide will help you navigate the process smoothly while keeping your business running.

What is jury service and who can get called for it?

Jury service is a legal duty in which citizens are selected to help decide the outcome of court cases. In Australia, most adults who are enrolled to vote are eligible to be called for jury duty, although each state and territory has its own specific rules and age requirements. People may be summoned randomly from the electoral roll, and being selected doesn’t depend on your job, income, or personal circumstances. Certain individuals, such as those with specific medical conditions or past criminal convictions, may be exempt, but for most employees, serving on a jury is a mandatory civic responsibility.

Can I refuse to let my employee do jury service?

No, you cannot refuse to let an employee attend jury service. Serving on a jury is a legal obligation, and employees are legally protected while doing so. Preventing someone from attending could expose you to penalties or legal issues. Your role as an employer is to support them during their absence, manage their workload, and ensure they can fulfil their civic duty without fear of repercussions at work.

How do I sort out a deferral for my employee?

If your employee needs to defer their jury service, they can usually apply directly to the court that issued the summons. Deferrals are granted for valid reasons, such as work commitments, pre-booked travel, or personal hardship. As an employer, you can support your staff by providing a letter confirming their employment and any relevant work obligations. Ultimately, the decision rests with the court, so it’s important to advise your employee to submit their request as soon as possible to increase the likelihood of approval.

If I don’t defer, does my employee get time off work for jury service?

Yes. If your employee doesn’t defer their jury service, they are legally entitled to time off work to attend. Employers cannot require them to use annual leave for this period, and employees are protected from any adverse action while serving. It’s important to plan ahead, manage workloads, and support your staff during their absence to ensure both legal compliance and a smooth workflow in your business.

So, if they’re not at work, do I still have to pay them?

Whether you need to pay an employee during jury service depends on your employment agreement and the relevant state or territory laws. In most cases, employers are not legally required to continue full pay, though some choose to top up pay as a goodwill gesture. Employees may be eligible to receive a juror’s allowance from the government to cover part of their loss of income. It’s a good idea to check your award, agreement, or contract to see what applies and communicate clearly with your staff about how pay will be handled.

Will the court pay for replacement staff?

No, the court does not cover the cost of replacement staff while your employee is on jury service. Any additional staffing costs or workload adjustments are the responsibility of the employer. However, supporting your employee through this civic duty helps ensure compliance with the law and maintains a positive workplace culture. Planning ahead and redistributing tasks can make the absence more manageable for your team.

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