Document Details

Document Id	community_service_leave.pdf
Document Title	Community Service Leave
Reference	https://drive.google.com/uc?export=download&id=1eMFNTFajAaZlHeA0PvGqtzrBynmbphoY
Publisher	Fair Work Ombudsman
Categorization	Human Resource Management HR Compliance & Legal Management
Document Source	3767 characters in 0 pages. (pdf)
Tags	community service leave, National Employment Standards, jury duty, emergency management, employee rights, unpaid leave, workplace relations, Fair Work Online, make-up pay

This document outlines the provisions of community service leave as part of the National Employment Standards (NES) in Australia, applicable to all employees under the national workplace relations system. It defines community service leave, detailing the types of activities covered, such as voluntary emergency management and jury duty. The document specifies the criteria for engaging in voluntary emergency management activities, identifies recognized emergency management bodies, and clarifies the absence entitlements for employees. It also discusses the notice and evidence requirements for taking leave, the unpaid nature of community service leave (except for jury duty), and the conditions for receiving make-up pay for jury duty. The information is provided by the Fair Work Ombudsman, with contact details for further assistance.

The document provides a comprehensive overview of community service leave as part of the National Employment Standards (NES) in Australia, which applies to all employees under the national workplace relations system. Community service leave allows employees to take time off work to participate in specific community service activities, primarily voluntary emergency management activities and jury duty. A voluntary emergency management activity is defined as an engagement in activities that address emergencies or natural disasters, undertaken voluntarily, and typically in response to a request from a recognized emergency management body. Recognized bodies include organizations like the State Emergency Service (SES) and fire-fighting or rescue organizations that play a role in emergency response. The document clarifies that there is no fixed limit on the amount of community service leave an employee can take; they are entitled to be absent for the duration of their engagement in the activity, including reasonable travel and rest time. However, the absence must be reasonable in all circumstances, with jury duty considered inherently reasonable. Employees must notify their employer of their absence as soon as practicable, providing the expected duration and any required evidence of their entitlement to leave. While community service leave is generally unpaid, employees are entitled to make-up pay for the first 10 days of jury duty, which is the difference between the jury duty pay and their regular base pay. Employees must demonstrate that they have sought jury duty pay and provide evidence of the amount received or expected. In cases where state or territory laws offer more favorable entitlements than the NES, those laws will take precedence. The document also includes contact information for the Fair Work Ombudsman and assistance services for those needing language help or hearing and speech assistance. This information is crucial for employees to understand their rights and obligations regarding community service leave.

Original content extracted from the source document.

Community service leave and the National Employment Standards

Overview

The NES entitles employees to be absent from work to engage in certain community service activities such as:

a voluntary emergency management activity
jury duty, including attendance for jury selection.

What is a voluntary emergency management activity?

An employee engages in a voluntary emergency management activity only if they:

engage in an activity that involves dealing with an emergency or natural disaster
engage in the activity on a voluntary basis
were either requested to engage in an activity, or it would be reasonable to expect that such a request would have been made if circumstances had permitted
are a member of, or have a member-like association with, a recognised emergency management body.

What is a recognised emergency management body?

A recognised emergency management body is:

a body that has a role or function under a plan that is for coping with emergencies and/or disasters (prepared by the Commonwealth, a s tate or a t erritory)
a fire-fighting, civil defence or rescue body
any other body which substantially involves responding to an emergency or natural disaster.

This would include bodies such as the State Emergency Service (SES), Country Fire Authority (CFA) or the RSPCA (in respect of animal rescue).

Contact us

Fair Work Online: www.fairwork.gov.au

Fair Work Infoline:

13 13 94

Need language help?

Contact the Translating and Interpreting Service (TIS)

on 13 14 50

How much leave can an employee take?

There is no set limit on the amount of leave an employee is entitled to. They can be absent from their employment:

for the time that they are engaged in the activity, including reasonable travelling time associated with the activity, and reasonable rest time immediately following the activity
if the absence is reasonable in all the circumstances (jury duty is taken to always be reasonable).

Are there notice/evidence requirements?

For an employee to be covered by the community service leave provisions, they must give their employer:

notice of the absence as soon as practicable
the period or expected period of absence
evidence that they are entitled to the leave, if requested by the employer.

Is community service leave paid leave?

Community service leave under the NES is unpaid, except for jury duty. Employees (except casuals) are entitled to make-up pay for the first 10 days they are absent for jury duty.

Make-up pay is the difference between jury duty pay (excluding expense-related allowances) and the employee's base pay rate for the ordinary hours they would have worked.

If requested by the employer, an employee must show:

they have taken all necessary steps to obtain jury duty pay
the total amount of jury duty pay that has been paid or will be payable to the employee for the period.

If the employee is unable to provide this evidence, they won't be entitled to make-up pay.

However, if s tate and t erritory laws provide more beneficial entitlements than the NES, these will apply instead. For example, if a s tate or t erritory law provides casual employees with pay for jury duty, this would apply instead of the NES.

Hearing & speech assistance

Call through the National Relay Service (NRS):

For TTY:

13 36 77 . Ask for the Fair Work Infoline 13 13 94

Speak & Listen:

1300 555 727 . Ask for the Fair Work Infoline

13 13 94

Last updated: June 2017 © Copyright Fair Work Ombudsman FWOFS 4.0

Chunk 0 from Page 1 (Overview)

Community service leave forms part of the National Employment Standards (NES). The NES apply to all employees covered by the national workplace relations system, regardless of any award, agreement or contract. The NES entitles employees to be absent from work to engage in certain community service activities such as:

a voluntary emergency management activity
jury duty, including attendance for jury selection.

Chunk 1 from Page 1 (What is a voluntary emergency management activity?)

An employee engages in a voluntary emergency management activity only if they:

engage in an activity that involves dealing with an emergency or natural disaster
engage in the activity on a voluntary basis
were either requested to engage in an activity, or it would be reasonable to expect that such a request would have been made if circumstances had permitted
are a member of, or have a member-like association with, a recognised emergency management body.

Chunk 2 from Page 1 (What is a recognised emergency management body?)

A recognised emergency management body is:

a body that has a role or function under a plan that is for coping with emergencies and/or disasters (prepared by the Commonwealth, a s tate or a t erritory)
a fire-fighting, civil defence or rescue body
any other body which substantially involves responding to an emergency or natural disaster. This would include bodies such as the State Emergency Service (SES), Country Fire Authority (CFA) or the RSPCA (in respect of animal rescue).

Chunk 3 from Page 1 (Contact us)

Fair Work Online: www.fairwork.gov.au Fair Work Infoline: 13 13 94 Need language help? Contact the Translating and Interpreting Service (TIS) on 13 14 50

Chunk 4 from Page 1 (How much leave can an employee take?)

There is no set limit on the amount of leave an employee is entitled to. They can be absent from their employment:

for the time that they are engaged in the activity, including reasonable travelling time associated with the activity, and reasonable rest time immediately following the activity
if the absence is reasonable in all the circumstances (jury duty is taken to always be reasonable).

Chunk 5 from Page 1 (Are there notice/evidence requirements?)

For an employee to be covered by the community service leave provisions, they must give their employer:

notice of the absence as soon as practicable
the period or expected period of absence
evidence that they are entitled to the leave, if requested by the employer.

Chunk 6 from Page 1 (Is community service leave paid leave?)

Community service leave under the NES is unpaid, except for jury duty. Employees (except casuals) are entitled to make-up pay for the first 10 days they are absent for jury duty. Make-up pay is the difference between jury duty pay (excluding expense-related allowances) and the employee's base pay rate for the ordinary hours they would have worked. If requested by the employer, an employee must show:

they have taken all necessary steps to obtain jury duty pay
the total amount of jury duty pay that has been paid or will be payable to the employee for the period. If the employee is unable to provide this evidence, they won't be entitled to make-up pay. However, if s tate and t erritory laws provide more beneficial entitlements than the NES, these will apply instead. For example, if a s tate or t erritory law provides casual employees with pay for jury duty, this would apply instead of the NES.

Chunk 7 from Page 1 (Hearing & speech assistance)

Call through the National Relay Service (NRS): For TTY: 13 36 77 . Ask for the Fair Work Infoline 13 13 94 Speak & Listen: 1300 555 727 . Ask for the Fair Work Infoline 13 13 94 Last updated: June 2017 © Copyright Fair Work Ombudsman FWOFS 4.0

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