This article forms part of our series of blogs covering the National Employment Standards (NES). These are the minimum terms of employment that apply to those Australian workers who are part of the National Workplace Relations System (which is the vast majority of workers, refer here for more details), regardless of whether or not they are covered by an Award.
Whilst employers and employees can agree to terms that supplement the NES, they cannot provide for conditions that are less than the NES or the national minimum wage. The NES cannot be excluded, modified, or reduced; they form part of the “safety net” that covers the majority of Australian workers.
So, what is Community Service Leave?
Community Service Leave is an NES entitlement that provides employees with time off to engage in certain eligible community activities. These include:
- Voluntary emergency management activities (e.g. firefighting, SES, or rescue services), and
- Jury duty (also called jury service).
This type of leave recognises that employees who serve their communities should not have to choose between undertaking voluntary civic duties and their job.
How does it work?
- Jury Duty
- Employees are entitled to be absent from work on Community Service Leave while serving on a jury.
- Employers are required to pay “make-up pay” to an employee (though generally not a casual employee) who is serving on a jury, for up to the first 10 days. “Make-up pay” is the difference between the employee’s base rate of pay for the ordinary hours they would have worked. and the jury service payment from the court.
- On request, an employee on jury service is required to provide reasonable proof of attendance, such as like a jury attendance certificate, and evidence of any jury duty pay received.
After the 10 days, any additional jury service leave is unpaid under the NES, although some Awards, agreements or internal policies may provide more generous terms.
Some State/Territory legislation may also provide more generous terms (including payment for casuals, though not NSW at this stage).
- Voluntary Emergency Management Activities
To be eligible for this type of leave, the employee must be:
- a voluntary member of, or have a member-like association with, a recognised emergency management body (e.g. RFS, CFA, SES)
- involved in dealing with an emergency or natural disaster, and
- requested to participate in the activity by the organisation (or where it’s deemed that they would have been reasonably expected to be requested to participate if circumstances had permitted).
This leave is unpaid, but employees may choose to use paid leave (like annual leave) instead, by agreement with their employer.
Period of Leave and Notice/Evidence
There is no set limit on how much leave an employee can take for community service purposes. However, they are only entitled to be absent from work for the time they’re engaged in the activity plus, in the case of volunteer emergency management activities, reasonable travel and rest time. Absences on Community Service Leave must also be reasonable in all the circumstances (jury service absences are always considered to be reasonable).
Employees requiring access to Community Service Leave must provide their employer with notice as soon as practicable, advise them of the expected period of absence and provide suitable evidence if requested.
What should I to do as an employer?
- Have a clear policy: Let your employees know what is expected in terms of notice and proof.
- Check Awards, agreements and internal policies (plus State/Territory legislation if you are not in NSW): Some provide more generous terms than the NES.
- Don’t deduct pay unlawfully, especially in the case of jury service, or direct them to take another form of leave.
- Support your employees when they engage in jury service or emergency work; it’s a valuable public service.
The Fair Work Ombudsman has more information and resources about Community Service Leave here: https://www.fairwork.gov.au/leave/community-service-leave
Need help drafting a policy?
We can help you create a clear and compliant Community Service Leave policy that:
- Meets NES requirements,
- Aligns with your Award or enterprise agreement,
- Clearly outlines expectations around notice and documentation,
- Minimises business disruption while supporting civic duties.
As always, if you’re unsure about your obligations or need help managing leave in your workplace, please get in touch.
This article provides general information which we believe to be correct at the time of posting. It is a summary and must not be considered complete, professional or legal advice. If you’re an employer and need support that takes into account your particular circumstances, please contact us directly.
