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HT for Small Biz - Newsletter

Frequently asked questions regarding Community Service Leave

When are employees entitled to Community Service Leave?
Under the NES, an employee is entitled to take leave from work to perform community service duties in the form of ‘voluntary emergency management activity’ and Jury Service.

What is 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, engages in the activity on a voluntary basis, the employee is a member of or has a ‘recognised emergency management body’ that requested the employee to be engaged.

How much community service leave is an employee entitled to?
There is no set limit to the amount of time an employee can take to provide their community service. An employee is entitled to be absent from his or her employment for the time that the employee is engaged in community service activity, including reasonable travelling time associated with the activity, and reasonable rest time immediately following the activity.

Is there a requirement for employers to pay employees while on Community Service Leave?
Community Service Leave under the National Employment Standards is unpaid except in relation to Jury Service where an employee (other than a casual) is entitled to ‘make up pay’ for the first 10 days that they are required for Jury Service.

What is ‘Make up pay’?
Make up pay is paid by the employer and is the difference between any jury service pay the employee receives (excluding any expense – related allowances) and the employee’s ‘base rate of pay’ for the ordinary hours they would have worked. Base rate of pay excludes incentive-based payments and bonuses, loadings, monetary allowances, overtime and penalty rates, or any other separately identifiable amounts.

An employee is entitled to receive make up payment for the first 10 days ONLY of their Jury Service.
Example:
• Employee receives $65.00 for their day of jury service
• Employee’s base rate of pay for one day’s work is $120.00
• Employer must pay the difference to the employee which is $55.00 for the first 10 days

Feel free to call us on (02) 8882 9694 if you have any queries regarding Community Service Leave

 

 Suite 4.05, 5 Celebration Drive
 Bella Vista NSW 2153

Ph: 02 8882 9694 M: 0415 225 920 
www.hrforsmallbiz.com.au 

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