In Ontario, employers must grant employees unpaid time off to serve on a jury under the Juries Act. Firing, demoting, or penalizing an employee for attending jury service is a strict provincial offence.
When a citizen is summoned to serve on a jury, it is a fundamental civic duty. 🏛 However, for an employer, losing a key staff member unexpectedly can be disruptive to business operations. Despite the inconvenience, Ontario law places very clear, non-negotiable obligations on businesses regarding juror duty leave.
Whether your business operates in a busy Toronto office, a retail store in London, or a construction site in Markham, you must comply with provincial regulations. Punishing an employee for attending court will lead to severe legal consequences. This guide explains your obligations as an employer when a staff member receives a jury summons as of May 2026.
Step-by-Step Process for Managing Juror Leave in Ontario
Managing an employee’s absence for court service does not have to be adversarial. 🤝 Most employers in the province choose to follow a straightforward administrative process to ensure coverage while staying on the right side of the law.
Step 1: Receive and Verify the Jury Summons
An employee is required to notify you as soon as they receive a jury summons from the Superior Court of Justice. As an employer, you have the right to ask for a copy of the official summons document to verify the dates and the location of the courthouse. The employee must provide this proof if requested.
Step 2: Adjust Schedules and Plan Coverage
Once verified, you must grant the leave. 📅 You cannot pressure the employee to skip duty, nor can you demand they hire their own replacement. You will need to adjust schedules, reassign tasks, or bring in temporary help. Keep in mind that jury selection may only take a day, but an actual trial could last for several weeks or even months.
Step 3: Job and Benefit Reinstatement Protections
During jury duty, the employee’s job is heavily protected. Under Ontario’s Juries Act, unlike standard leaves under the Employment Standards Act, there is no statutory requirement for employers to maintain benefits or accumulate seniority during the leave itself. However, upon their return, the employee must be reinstated to their previous or a comparable position with no loss of the seniority or benefits that had accrued up to the commencement of their leave of absence (unless a benefit continuation is otherwise required by an employment contract or collective agreement).
Step 4: Reinstatement After Service
Once the jury duty concludes, the employee must be reinstated. 👷 Ontario’s Juries Act dictates that you must place them back into the exact position they held before the leave, or if that position no longer exists due to legitimate restructuring, into a comparable role. They must receive the same pay rate they would have earned had they never left.
How Much Does it Cost in Ontario?
The financial impact of an employee going on jury duty is generally limited to operational disruptions rather than direct payroll costs. 💵 Here is a breakdown of the costs:
- Wages: $0 CAD. You are not legally required to pay an employee their regular wages while they are serving on a jury. The court provides a daily stipend of $120 CAD to selected jurors who are not paid by their employer, starting on their first day of service.
- Benefit Premiums: $0 CAD (unless otherwise agreed). Under the Juries Act, you are not legally obligated to fund benefit premiums during the leave period itself, but you must fully restore their accrued benefits upon their return.
- Fines and Liabilities for Violations: If you fire, demote, or penalize an employee for serving, you face prosecution. While the statutory fine under section 41(3) of Ontario’s Juries Act is capped at a maximum of $10,000 CAD (and/or up to three months’ imprisonment), your overall financial liability can easily exceed this limit, as section 41(2) makes you liable for any financial losses caused to the employee, alongside potential civil damages for wrongful dismissal.
How Long Does the Process Take?
The duration of the leave is entirely out of the employer’s control. ⏱ Jury selection usually takes 1 to 2 days. If the employee is not selected, they return to work immediately. If selected for an indictable offence trial (such as a serious criminal case) or a complex civil trial, the leave could realistically last anywhere from one week to over six months.
| Employer Obligation | Is it Legally Required? |
|---|---|
| Granting the time off work | Yes, absolutely mandatory. |
| Paying the employee’s regular wages | No, jury leave is unpaid. |
| Continuing health benefits during leave | No, unless required by an employment contract. |
| Reinstating to the same job | Yes, mandatory upon return (without loss of pre-leave accrued seniority/benefits). |
Frequently Asked Questions (FAQ)
Can an employer write a letter to get an employee excused from jury duty?
An employer cannot cancel a summons. However, you can provide a letter explaining that the employee’s absence would cause severe, catastrophic financial hardship to a small business. The employee must present this letter to the judge, and only the judge has the authority to excuse them.
Do I have to pay my employee while they are on jury duty?
No, there is no legal requirement in Ontario to pay wages during jury leave. However, many larger law firms and corporations have internal policies that top-up a juror’s pay for a set number of weeks to support their staff.
What happens if the employee is dismissed from court early in the day?
If an employee is released from the courthouse in the morning or early afternoon, they are generally expected to return to work to finish their scheduled shift, depending on travel time and practicality. You should clarify these expectations before the leave begins.
Can I ask the employee to work night shifts if they are in court all day?
No. Forcing an employee to work a night shift after spending the entire day in a courtroom is considered an unreasonable penalization. The law protects employees from being exhausted by dual duties.
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