Employees, including casual employees, are entitled to take community service leave for particular activities under the Fair Work Act, including:
- Voluntary emergency management activities
- Jury duty
With the exception of jury duty, community service leave is unpaid.
An employee is involved with a voluntary emergency activity when:
- The activity involves dealing with an emergency or natural disaster.
- The employee participates in this activity on a voluntary basis
- The employee was either requested to participate in an activity , or it would be reasonable to expect such a request would have been made if circumstances permitted
- The employee is a member of, or has an association with 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 or natural disasters.
- A fire fighting , civil defence or rescue body
- Any other body which is mainly involved in responding to an emergency or natural disaster including SES, the Country Fire Authority and the RSPCA.
Community service leave is likely to carry greater consequences in high risk and rural areas, especially during the summer when the threat of bushfires is much greater.
There is no limit on the amount of community service leave an employee can take however an employee who takes community service leave must give their employer notice of the absence as soon as possible and the expected period of absence. The employer can require the employee to give the employer evidence that would satisfy a reasonable person that the absence is because the employee has been, or will be, engaging in the eligible community service activity. An employer can face serious penalties for dismissing an employee that tries to take community service leave. A violation of a provision of the National Employment Scheme can result in penalties of up to $10,800 for an individual and $54,000 for a corporation.
Community service leave to volunteer in an emergency situation is unpaid leave under the National Employment Standards, although some State and Territory laws have created an obligation to pay employees for the time off. Queensland, Tasmania and Western Australia all expect you to pay ordinary wages during an employee’s absence.
Under the National Employee Standard, you are obliged to pay an employee jury duty for their first 10 days of service at their usual base rate of pay.