Does your employer pay for jury duty in NSW?

Understanding jury duty pay entitlements

In New South Wales, employers are generally required to release employees for jury service without penalty, but they are not obliged to pay their regular wages while they are away. Instead, jurors receive an allowance from the NSW Government for each day they attend court. This payment is designed to compensate for lost income, though it may be less than your normal earnings.

However, some employers choose to pay the difference between your usual wage and the jury service allowance, or even continue paying your full wage during your absence, often as part of their workplace policies or employment agreements.

Here’s what you need to know about how jury duty pay works in NSW:

Government allowance

If you are summoned for jury duty in NSW, you will be paid a daily allowance by the NSW Government after serving. This amount is set by law and is intended to cover lost income and associated expenses. Rates may vary depending on the length of service.

Employer obligations

Under the Jury Act 1977 (NSW), employers must allow employees to attend jury service and cannot dismiss, disadvantage, or penalise them for doing so. However, they are not legally required to pay wages during this period unless it is specified in an award, enterprise agreement, or employment contract.

Checking workplace agreements

Some awards and enterprise agreements include provisions for jury duty pay, either full pay or top-up pay to match your regular earnings. It’s important to check your specific workplace agreement, award, or contract to see if this applies to you.

Union and professional body advice

If you are a member of a union or professional association, they can advise on whether you are entitled to paid jury service leave under your employment conditions and help you address any disputes.

Proof of service

You will need to provide your employer with evidence of your jury service, usually a certificate from the court showing the dates you attended. This ensures your absence is recorded correctly and any applicable payments or leave entitlements are processed.

While employers in NSW are not automatically required to pay wages during jury duty, workplace agreements and individual contracts can provide additional entitlements. Always review your specific employment terms and communicate openly with your employer before your service begins. This way, you can avoid misunderstandings and ensure you receive the correct entitlements under both the law and your workplace arrangements.