Jury Duty: What Employers Need to Know

Picture this: It's Monday morning, and one of your employees tells you they've been called in for jury duty. What do you do? What do you say? Do you pay them? Do you give them leave?

The process of jury duty can create logistical headaches, legal risks, and staff tension if not handled properly, and that’s especially true for small businesses, where every person counts.

This article is here to answer those questions, clarify your legal obligations and the grey areas nobody explains.

Most businesses get it wrong, don't be one of them.

1. What Does the Law Say about Jury Duty? 

If an employee is summoned for jury duty, they’re legally required to attend. Under the Fair Work Act 2009, employees (other than casuals) are entitled to:

→ Be released from work to attend jury duty

→ Receive make-up pay for the first 10 days of jury service 

What is make-up pay? 

You’re liable for the gap between the court allowance (usually around $293.08 per day from the court - Tasmania as of July 2024) and the employee’s base rate, for the first 10 days.

Some employers assume the court pays the employee’s full wage. Others wrongly believe they don’t have to pay at all. You must top up their jury duty payment to match their usual base pay.

Casual employees don’t have the same entitlement to make-up pay, but they are still entitled to time off to attend jury duty. 

Now let’s get into the tricky parts. 

2. What if...

   
   

Your business can't do without them

Many small businesses run lean teams. If one person is away, it can feel like the whole operation is at risk. But you can’t legally pressure someone to skip or delay jury service just because it’s inconvenient.

The employee didn't tell you early enough

Sometimes employees get the letter and forget to mention it, until the day before their service starts. Not good for your business. Have a clear leave policy and include a section on jury duty, what to do, who to notify, and when. 

What about after 10 days?

There’s no requirement under the Fair Work Act to continue make-up pay after 10 days. Be transparent upfront, so your employee knows what to expect if the case runs long. 

But the employee is still under probation?

Let’s say a new hire is still on probation, and they get called for jury duty. Can you terminate the employment? Technically, yes, but if the real reason was jury duty, you could face a general protections claim. 

But what if they don't want to go?

Let them speak to the court about being excused. You can’t force them to refuse the summons, but you can support their request with a letter explaining the business impact. 

3. What Should We Do?

→ Include jury duty in your leave policy

→ Educate your managers 

→ Support, don’t pressure 

→ Speak to an external HR advisor 

Struggling with HR? 

I help with small and medium businesses get on top of their HR, stay compliant, efficient and deal with staff issues before they become big problems.

Book your free discovery call today and take the first step toward making HR easier, safer, and less stressful.

Get in Touch

Need help? Contact us today - sandra@hrconsultingtas.com.au or 0408 408 225  

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The content provided on this website serves as a general information resource on the subjects discussed, and should not be considered tailored to specific individual circumstances or a replacement for legal counsel. While we exert significant effort to ensure the accuracy of our information, HR Consulting TAS cannot ensure that all content on this website is consistently accurate, exhaustive, or current. Recommendations by HR Consulting TAS and any information acquired from this website should not be regarded as legal advice.