What is community service leave?
Community service leave covers time off for jury duty (paid, minus jury fees) and voluntary emergency management activities (unpaid) under the NES.
Community service leave is an NES entitlement covering two types of community activities: jury duty and voluntary emergency management. For jury duty, employees are entitled to time off for as long as they are required to attend, and employers must pay the difference between jury duty fees and the employee's base rate of pay (for the first 10 days for all employees except casuals). For voluntary emergency management, leave is unpaid.
Voluntary emergency management activities include activities with a recognised emergency body such as the SES, CFA, RFS, or similar organisations. The leave covers reasonable travel and rest time. There is no limit on the amount of community service leave an employee can take.
Key facts
- •Jury duty: paid leave (base rate minus any jury fees received) — make-up pay required for first 10 days
- •Voluntary emergency management: unpaid leave with no cap on duration
- •Covers reasonable travel time and rest time after the activity
- •Applies to all employees including casuals (but casuals don't receive make-up pay for jury duty)
- •Employee must give notice and provide evidence (jury summons, emergency body confirmation) if requested
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Leave Entitlements CalculatorFrequently asked questions
Does my employer have to pay me for jury duty?
Yes (if you are not a casual). Your employer must pay make-up pay — the difference between any jury fees and your base rate of pay — for the first 10 days. After 10 days, whether you continue to be paid depends on your award or agreement.
Can my employer stop me from doing volunteer emergency work?
No. Community service leave for voluntary emergency management with a recognised body is a protected entitlement under the NES. However, you must give your employer notice and provide evidence if requested.
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.