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Frequently Asked Questions

JURY DUTY LEAVES FOR EMPLOYERS

Home | FAQs | Leaves of Absences | Jury Duty for Employers

If my employee is called for jury duty, do I need to allow them to miss work?

Yes, you are required by law to give your employees time off for jury duty. Employees eligible for jury duty are at least 18 years old, Canadian citizens, and residents of Ontario for the past year.

Do I have to pay an employee who is on leave for jury duty?

No, jury duty generally results in unpaid leave, and there is no automatic right to paid leave for employees. Some employers choose to pay a full or partial salary during the leave; this is usually established in policies or contracts.

What should I know about employee rights during jury duty?

While an employee is fulfilling their civic duty, their employment is considered continuous. This continuity applies to calculations of annual vacation entitlement and additional benefits. Employees are also entitled to any wage and benefit increases they would have received if they were not on leave. Once their jury duty ends, the employer must place them back in their previous position or a comparable one.

What if the employee’s absence will cause me undue hardship? Can I ask the court to excuse my employee?

While serving as a juror is a civic duty, it may cause serious hardship or loss in some cases. In such situations, the employee can request a deferral (rescheduling jury service to a later date) or an excusal (being fully excused from jury duty for the year).

Requests are considered on a case-by-case basis by a judge or, for some deferral requests, by the local sheriff. You may need to provide a letter for your employee or any available documentation to support the request.

The judge may:

  • Excuse the employee
  • Ask them to participate at a later date
  • Require them to attend jury duty
What Happens If I Have to Terminate an Employee During Jury Duty?

You can terminate an employee who is on jury duty leave, provided the reason for termination is unrelated to their leave. In such cases, the employee would be entitled to notice or severance pay as usual.

How can Rudner Law help with jury duty and time off from work?

We can help employers understand their rights and obligations regarding jury duty. We can also represent them to enforce these rights. Remember, the information provided here is a simplified summary, and it’s essential to consult with legal professionals for specific advice related to your situation.

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