Skip to main content

Jury Duty Pay in Australia: What Your Employer and the Court Pay

Full-time and part-time employees must be paid by their employer for the first 10 days they miss work for jury duty, at their base pay for the ordinary hours they would have worked. If your employer asks for proof of the court’s jury payment and you give it, they only pay the difference (“make-up pay”). Casuals can take the leave but aren’t paid by their employer under the National Employment Standards.

Official ATO ratesUpdated FY2026-27Free foreverNo signup required

Employer pays

10 days

First 10 workdays missed, full-time and part-time

With court evidence

Make-up pay

Base pay minus the court payment

Casuals

Unpaid by employer

Can still take the leave; court and state law may pay

Type of leave

Community service

Includes jury selection, travel and rest

Jury Duty Pay Calculator

What your employer and the court pay while you are on a jury, under the National Employment Standards.

Base rate × ordinary hours, no penalties.

From your summons or court. Leave out travel or meal allowances.

Days you would normally have worked.

Employer pays (5 days × $160.00)
$800.00
Court pays (5 days × $90.00)
$450.00
Total while on the jury
$1,250.00
Your normal pay for the missed days
$1,250.00

Make-up pay tops the court payment up to your base pay for the ordinary hours you would have worked.

National Employment Standards (Fair Work Act ss 108–112). State and territory jury laws, awards and agreements can be more generous.

A man in a navy blazer with a folder under his arm looks up at the sandstone steps of a columned courthouse

How Jury Duty Pay Works

Your employer’s obligation depends on whether they ask for evidence of the court payment:

Your employer…What they pay for the first 10 days
Doesn't ask for evidence of the court paymentYour base pay for the ordinary hours you'd have worked
Asks, and you give the evidence (even if the court pays $0)Make-up pay: base pay minus the court payment
Asks, and you don't give itNothing

Full-time and part-time employees. The court payment excludes expense allowances. Fair Work Ombudsman, jury duty, read 24 September 2026.

The 10 days count days absent from work, not days on the jury. A part-time employee who works Monday to Wednesday and sits on a 15-day trial misses 9 workdays, and is paid make-up pay for all 9.

Worked Examples (Fair Work Ombudsman)

Julie (full-time)Samuel (part-time, Mon–Wed)
Base pay per day$300$250
Court payment per day$90$90
Jury service15 days15 days
Workdays missed159
Employer make-up pay$210 × 10 days = $2,100$160 × 9 days = $1,440
Court pays$90 × 15 = $1,350$90 × 15 = $1,350

The calculator above reproduces both examples exactly.

Notice and Evidence

Tell your employer about the jury duty, and how long you expect to be away, as soon as possible. If they ask, give evidence that you will attend or have attended. For make-up pay, they can also ask you to show that you took all necessary steps to get any court payment, and the total the court paid or will pay.

State and Territory Jury Pay

Each state and territory sets its own juror payments, and its jury laws apply where they are more generous than the NES, for example by paying casuals. Check yours:

Jury Duty on Your Payslip

Make-up pay is paid by your employer through payroll, so check it appears on your payslip for the right number of days. Paid sick and carer’s leave keeps accruing while you are on community service leave (see the sick leave calculator).

Related Calculators and Guides

Frequently Asked Questions

Jury duty pay questions and answers

Does my employer have to pay me for jury duty in Australia?

If you are full-time or part-time, yes, for the first 10 days you are absent from work because of jury duty. Your employer pays your base pay for the ordinary hours you would have worked, or only the difference between that and the court payment (make-up pay) if they ask for, and you give, evidence of what the court pays.

What is jury duty make-up pay?

The difference between your base pay for the ordinary hours you would have worked and the jury payment from the court, not counting expense allowances. In the Fair Work Ombudsman's example, a $300-a-day employee paid $90 a day by the court gets $210 a day from their employer for the first 10 days.

Do casuals get paid for jury duty?

Not by their employer under the National Employment Standards. Casuals can still take the leave, and may be paid under their award, enterprise agreement, contract or their state or territory's jury laws, as well as by the court.

What happens after 10 days of jury duty?

The NES requirement for employer pay ends after the first 10 days you are absent from work. You can still take the leave for the whole trial and the court keeps paying its daily amount. Your award, agreement, contract or state law may require your employer to keep paying.

Is jury duty a type of leave?

Yes. Jury duty, including jury selection and reasonable travel and rest time, is community service leave under the National Employment Standards. All employees, including casuals, can take it. You must tell your employer as soon as possible and give evidence of attendance if asked.

If you are full-time or part-time, yes, for the first 10 days you are absent from work because of jury duty. Your employer pays your base pay for the ordinary hours you would have worked, or only the difference between that and the court payment (make-up pay) if they ask for, and you give, evidence of what the court pays.

The difference between your base pay for the ordinary hours you would have worked and the jury payment from the court, not counting expense allowances. In the Fair Work Ombudsman's example, a $300-a-day employee paid $90 a day by the court gets $210 a day from their employer for the first 10 days.

Not by their employer under the National Employment Standards. Casuals can still take the leave, and may be paid under their award, enterprise agreement, contract or their state or territory's jury laws, as well as by the court.

The NES requirement for employer pay ends after the first 10 days you are absent from work. You can still take the leave for the whole trial and the court keeps paying its daily amount. Your award, agreement, contract or state law may require your employer to keep paying.

Yes. Jury duty, including jury selection and reasonable travel and rest time, is community service leave under the National Employment Standards. All employees, including casuals, can take it. You must tell your employer as soon as possible and give evidence of attendance if asked.
How we worked this out▼

Employer pay = up to 10 workdays missed × (base daily pay, or base daily pay minus the court’s daily payment when evidence was requested and given, or $0 if requested and not given). Court pay = days of jury service × the court’s daily payment. Casual employer pay = $0 under the NES. Tested against the Fair Work Ombudsman’s two worked examples.

We don’t publish court payment amounts: they are set by each state and territory. General information, not advice.

Sources & References

  1. 1
    Jury duty— Fair Work Ombudsman
  2. 2
    Community service leave— Fair Work Ombudsman
  3. 3
    Fair Work Act 2009, sections 108–112— Federal Register of Legislation

Last verified: 24 September 2026. Our content is based on the latest information from official Australian government sources.

What to check next

People reading this page usually work these out too.