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- How does jury duty work in ON?
- What might make your employee ineligible for jury service?
- Can you request an exemption from jury service?
- Adjustments employers are expected to make for jury service
- Do you have to pay your employees away on jury duty?
- Will the court reimburse businesses for staff cover
- Reduce jury duty stress with absence management software
Staff shortages can cause all manner of headaches for employers in Ontario, and jury duty can come as a surprise to businesses that aren't prepared. With a thorough understanding of how jury duty works in Ontario, however, you can stay on top of absence management and give your staff the information they need to understand how jury service affects their pay, with peace of mind that their employment is protected.
How does jury duty work in ON?
As part of the Canadian justice system, your employees may be summoned to serve as jurors in Ontario court proceedings. In a criminal trial, jurors are responsible for considering the evidence, deliberating as a group and ultimately deciding whether the accused is guilty or not guilty.
Canadian citizens residing in Ontario may be summoned for jury duty, provided they are at least 18 years old and can speak, read and understand English or French. Jurors don't have to register for duty. Instead, prospective jurors are randomly selected through Ontario's jury eligibility process.
Ontarians can serve on a jury multiple times throughout their lives. However, individuals who have attended court for jury service generally cannot be required to serve again within a three-year period.
What might make your employee ineligible for jury service?
As mentioned above, Canadian citizens aged 18 or older who reside in Ontario and can understand the language of the trial may be eligible for jury service. There are, however, certain disqualifying factors that could prevent your employees from serving:
Certain occupations: Employees working in roles such as practising medical professionals, law enforcement officers, lawyers, court officials or correctional officers.
Criminal convictions: Employees convicted of an offence that can be prosecuted by indictment, unless they have subsequently received a pardon or record suspension.
Certain health conditions: Employees with a physical or mental condition that prevents them from performing the duties of a juror, even with reasonable accommodation.
Conflict of interest: Employees who have been called, or are likely to be called, as witnesses in a particular proceeding, or who have an interest in its outcome.
This list isn't exhaustive, and eligibility is determined under Ontario's Juries Act. However, it should give you a better understanding of which employees may be ineligible for jury service so you can prepare accordingly.
Can you request an exemption from jury service?
As an employer, you cannot request an exemption on your employee's behalf. You also cannot pressure employees to seek an exemption or penalize them for fulfilling their jury service obligations.
However, your employees may ask you whether they can apply for an exemption or deferral. Understanding the process can help you provide guidance while leaving the decision to the appropriate court authorities.
The main grounds for requesting an exemption are:
Belonging to a religion or religious order whose beliefs or practices are incompatible with serving on a jury.
Being in a position where jury service would cause serious financial or personal hardship or loss, either to the individual or to others.
Having a health condition that prevents the individual from serving.
No longer residing within a reasonable distance of the court.
Employees who receive a jury summons can request an exemption online, by email or by contacting the courthouse listed on their summons. Requests are assessed by a judge on a case-by-case basis, and supporting documentation may be required.
If an exemption is denied, your employee must attend jury selection as summoned unless they receive further instructions from the court.
Your employee can also request a deferral if they cannot attend on the scheduled date for a legitimate reason, such as sickness, vacation or schooling. A deferral postpones jury service rather than excusing them from it entirely.
Adjustments employers are expected to make for jury service
As an employer, you're required to allow employees time off to attend jury selection and serve on a jury, without deducting this time from their sick leave or vacation entitlements. This leave is generally unpaid unless otherwise agreed. You can also request reasonable proof of their jury service obligations, such as a copy of their jury summons.
Providing this time off is a legal requirement in Ontario, and failing to do so could result in penalties or other legal consequences. You must not penalize employees for participating in jury service, including threatening their employment or imposing financial or other penalties.
Employees must also be allowed to return to their previous position, or a comparable one, without a reduction in wages or loss of seniority or previously accrued benefits when their jury service ends.
Do you have to pay your employees away on jury duty?
In Ontario, you are not required to offer paid leave to employees completing jury duty. You may choose to make a separate arrangement to support your employees financially, but this is at the employer's discretion.
If you choose not to pay your employee for their leave during jury duty, the court will pay them $120 per day starting from day 1 of service.
Will the court reimburse businesses for staff cover
In Ontario, courts do not generally reimburse businesses for the costs of arranging cover for employees serving on a jury. It's the employer's responsibility to make the necessary staffing arrangements.
Many trials are relatively short, although some can last several weeks or longer, so it's important to prepare for the possibility of an extended absence.
Under Ontario's Juries Act, prospective jurors are generally summoned at least 28 days before their required attendance, giving you time to plan for potential staff shortages. However, shorter notice may be given in certain circumstances.
Arranging cover for jury duty can be approached in much the same way as planning for an employee's vacation, although the duration of jury service may be less predictable.
Reduce jury duty stress with absence management software
Absences for any reason, whether that's jury duty, sickness, vacation or bereavement, can cause disruption for businesses unequipped to handle them.
That's where BrightHR comes in. With a comprehensive suite of HR tools, including absence management software, you can keep on top of employee absences and fill open shifts quickly and easily.
Access your employee calendar from anywhere with the BrightHR app, make changes and receive instant notifications of absences. Included in your package is also 24/7 employment relations advice, so you can chat with an expert to discuss matters like jury duty whenever you need to.