What Is Community Service Leave?
Community Service Leave is an entitlement provided to employees in Australia, allowing them time off work to engage in certain community service activities. This leave is covered under the National Employment Standards (NES) of the Fair Work Act 2009. The two primary categories of activity covered by Community Service Leave are:
- Jury Duty: Time off required for an employee to attend court for jury selection or to serve as a juror.
- Voluntary Emergency Management Activity: Absence for an employee to engage in an activity that involves dealing with an emergency or natural disaster, provided the activity is voluntary and the employee is a member of a recognised emergency management body (e.g., SES, CFA, RFS).
This entitlement recognises the civic and community contributions employees make, ensuring they can fulfil these duties without jeopardising their employment.
Eligibility and Entitlements
All employees in Australia, including full-time, part-time, and casual employees, are entitled to Community Service Leave, regardless of their period of service. There are specific rules regarding payment:
- Jury Duty:
- For the first 10 days of jury duty, permanent employees (full-time and part-time) are entitled to 'make-up pay' from their employer. This means the employer pays the difference between any jury duty payment received from the court and the employee's usual ordinary earnings.
- Casual employees are not entitled to make-up pay but are entitled to unpaid leave for jury duty.
- After 10 days, all employees are entitled to unpaid leave for jury duty.
- Employees must provide their employer with notice of the need for leave and evidence of their attendance (e.g., a jury summons).
- Voluntary Emergency Management Activity:
- All employees are entitled to unpaid leave for the time they are engaged in a voluntary emergency management activity.
- Employers must not unreasonably refuse a request for this leave.
- Employees must give their employer notice as soon as practicable and state the period or expected period of absence. Evidence of their activity may also be required.
Purpose and Benefits
Community Service Leave serves to facilitate important civic and community responsibilities:
- For Employees: It provides job security and financial support (for permanent employees on jury duty) when fulfilling a legal or essential community obligation. It removes the dilemma of choosing between work and civic duty.
- For Employers: While potentially impacting operations, supporting Community Service Leave can foster a positive workplace culture, demonstrating corporate social responsibility. It shows support for employees contributing to community safety and justice. Additionally, it ensures compliance with the Fair Work Act, reducing the risk of disputes or penalties.
How to Manage Community Service Leave with Microkeeper
Microkeeper's Workforce Management features assist businesses in managing Community Service Leave effectively and compliantly:
- Leave Management System: Employees can submit requests for Community Service Leave through their self-service portal, providing necessary details and attaching evidence (e.g., jury summons). Managers can then review and approve these requests within the HR Software system.
- Timesheet Integration: Approved leave periods automatically flow into employee timesheets, ensuring accurate recording of paid (for jury duty make-up pay) or unpaid leave. This is crucial for industries like Healthcare or Retail where staffing continuity is vital.
- Payroll Processing: Microkeeper's Payroll Software can be configured to correctly calculate and apply make-up pay for jury duty, distinguishing it from regular earnings and ensuring compliance with the Fair Work Act. Unpaid leave periods are also accurately reflected in pay runs.
- Reporting: Generate reports on leave taken across the organisation, aiding in understanding workforce availability and supporting audit requirements.
FAQs About Community Service Leave
1. Is Community Service Leave paid?
For jury duty, permanent employees are entitled to 'make-up pay' for the first 10 days. All other Community Service Leave (including jury duty after 10 days, and voluntary emergency management activity) is unpaid.
2. Do casual employees get Community Service Leave?
Yes, casual employees are entitled to unpaid Community Service Leave for both jury duty and voluntary emergency management activities. They are not entitled to make-up pay for jury duty.
3. What evidence do employees need to provide for Community Service Leave?
For jury duty, a jury summons is required. For voluntary emergency management activities, employees must provide evidence from the emergency body stating the nature of the activity, that they are a member, and the period of their engagement.
4. Can an employer refuse Community Service Leave?
An employer cannot refuse leave for jury duty. For voluntary emergency management activities, an employer cannot unreasonably refuse the leave, but they can consider factors like the impact on their business operations.
Best Practices for Employers
- Understand Entitlements: Be clear on paid vs. unpaid entitlements for different types of Community Service Leave.
- Request Proper Documentation: Always require appropriate notice and evidence from employees.
- Communicate Clearly: Inform employees about their entitlements and the process for requesting this leave.
- Utilise Leave Management Software: Use a system like Microkeeper to track leave requests, balances, and payment correctly.
Final Thoughts
Community Service Leave plays an important role in enabling individuals to contribute to civic duties and community safety. For Australian businesses, understanding and correctly managing this entitlement ensures compliance with the Fair Work Act and fosters a supportive workplace culture. Leveraging robust workforce management software can significantly simplify the administration of these complex leave types.
Disclaimer: This entry is intended for informational purposes only and does not constitute legal advice. For tailored guidance, contact the Fair Work Ombudsman or an employment law specialist.
