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January 04, 2013

Do we have to pay an employee sick pay if they have already taken annual leave?

If an employee is absent from work due to jury duty, what are his or her paid leave entitlements?

An employee is entitled to be paid at his or her base rate of pay for his or her ordinary hours of work for the first 10 days of absence due to jury service.

You can require the employee to give evidence (that would satisfy a reasonable person, e.g. a statutory declaration) that:

  • he or she has taken all reasonable steps to obtain jury service payments; and
  • shows the total amount that the employee has been or is entitled to be paid during the absence (this is usually a small amount that is paid by the Government).

You can deduct the amount that the employee is entitled or has been paid for his or her jury service from the employee’s pay.

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