Community service leave

Under Australian law, particularly the Fair Work Act 2009, employees, including casual employees, are entitled to community service leave. Community service leave allows employees to take time off from work to participate in certain community service activities. It is generally unpaid, though it may be paid under specific circumstances, depending on the terms of the employment agreement or industrial instruments (such as awards and employment agreements).
Common activities that qualify for community service leave in Australia include:

1. Volunteering for emergency services: this includes roles such as fire-fighting or being part of a rescue team during natural disasters or other emergencies. However, the emergency management body must be a recognised organisation, such as the State Emergency Services (SES), the Country Fire Authority (CFA) or the RSPCA, in respect of animal rescue during emergencies or natural disasters.
2. Jury duty: employees are entitled to take leave if called to serve on a jury.
3. Blood or organ donation: Employees may also take community service leave for participating in blood or organ donation programs.
4. Defence reservist

While community service leave is not always paid, there are circumstances where employees must be paid, such as jury duty. Under the NES (National Employment Standards), full-time and part-time employees must be paid for the first 10 days that they are absent from work. Payment will be based on the ordinary hours they would have worked, paid at their base rate. 

An employee taking community service leave must provide their employer with:

• notice of the absence as soon as possible (this may be after the leave starts)
• the period or expected period of absence.

An employer may also request evidence from an employee to confirm their entitlement to community service leave. 

Community service volunteers are entitled to be absent for a period that is:

• consistent with the engagement in the activity
• reasonable travelling time associated with the activity
• reasonable rest time immediately following the activity
• time required for the jury service and defence force leave

As mentioned, jury service leave entitlements include 10 days of paid leave with make-up pay, plus unpaid leave as required for full-time and part-time employees. 
While community service leave itself is not typically considered a protected attribute under Australian discrimination laws, such as race, gender or disability, unlawfully denying community service leave or discriminating against an employee for taking community service leave (such as jury duty) could potentially lead to legal issues.

Under the Fair Work Act 2009, employees are protected from unfair dismissal or discrimination for taking leave related to jury duty or other types of community service, if covered by their employment agreement. For example, if an employer penalises or dismisses an employee solely for attending jury duty (or similar service), it could be considered unlawful.

A best practice approach is to outline the practice’s position on community service leave by including it in the practice’s leave policy and informing employees on the procedure to apply for community service leave.

For assistance relating on how to manage community service leave or any other leave, please contact the Workplace Relations, who have a team of experts waiting to take your call on 07 3872 2264 or through email support at workplacerelations@amaq.com.au