Under Ontario law, your employer is legally required to grant you a protected, unpaid leave of absence to serve on a jury. However, they are not obligated to continue paying your regular wages during this time, although you will eventually receive a small daily allowance from the provincial court system if the trial lasts longer than 10 days.
📍 Opening your mailbox in Toronto, London, or Sudbury and finding an official jury summons can be a moment of mixed emotions. On one hand, serving on a jury is a fundamental civic duty and an essential part of the Canadian justice system. On the other hand, the immediate thought for most working people is a panicked: “How am I going to pay my rent if I am not at work?”
⚠ There is a massive amount of confusion regarding who pays the bills when an employee is selected for a trial. Many people assume their company must keep them on the payroll, but this is rarely true. This guide will clarify your rights regarding job protection under the Employment Standards Act (ESA), explain what compensation you may be entitled to from the court, and outline the proper steps to take with your employer.
Step-by-Step Process for Handling Jury Duty in Ontario
📝 You cannot simply ignore a jury summons. Ignoring it is a serious legal offence. Instead, you need to manage the situation proactively with your workplace to ensure your job is protected and your finances are as secure as possible.
Step 1: Notify Your Employer Immediately
💬 The moment you receive your summons in the mail, tell your manager or HR department. Provide them with a copy of the official document. Under the ESA, you have the right to take a “Declared Emergency Leave” or a specific jury duty leave. Your employer cannot legally fire you, demote you, or discipline you for taking this required time off to attend the Ontario Superior Court of Justice.
Step 2: Check Your Internal Workplace Policies
🔍 While the Ontario government does not force employers to pay you during jury duty, many good companies actually do. Review your employee handbook or union collective agreement. Some employers offer “Jury Duty Top-Up Pay,” where they will continue paying your regular salary, minus whatever small allowance the court eventually gives you. If you are in a unionized environment, this is a very common benefit.
Step 3: Attend Court and Apply for the Juror Allowance
🗂 If you are selected to sit on a jury, your employer will place you on an unpaid leave of absence. You will now rely on the Ontario government’s Juror Allowance. Be prepared: the first 10 days of a trial are entirely unpaid by the court. You will only begin receiving money if the trial stretches past a week and a half.
Step 4: Reclaim Your Job After the Trial
🏛 Once the trial concludes or you are dismissed from the jury pool, you must promptly return to work. The ESA mandates that your employer must reinstate you to the exact same position you held before the leave, or a comparable one if your old job was legitimately eliminated due to corporate restructuring (not because you left for jury duty).
How Much Does Jury Duty Pay in Ontario?
💵 If your employer does not offer top-up pay, serving on a long trial can cause significant financial strain. The Ontario Ministry of the Attorney General provides a modest daily allowance, currently structured as follows for 2026:
- Days 1 to 10: You receive $0 CAD per day. (You may be reimbursed for a small travel allowance if you live outside city limits).
- Days 11 to 49: You receive $40 CAD per day.
- Days 50 and onward: You receive $100 CAD per day.
If you are self-employed or work a minimum wage retail job, this lack of income can be devastating. A local lawyer cannot change this, but if your employer unfairly fires you upon your return, an employment law firm can seek massive damages for wrongful dismissal.
How Long Does Job Protection Last?
🕘 Your job is legally protected for the entire duration of the trial, no matter how long it takes. Whether you are dismissed from the jury selection room after 1 day, or you sit on a complex criminal trial for 6 months, your employer must hold your position open and continue your seniority and length of service uninterrupted.
Frequently Asked Questions (FAQ)
Can I be excused from jury duty if I can’t afford to lose my wages?
Yes. If taking unpaid leave would cause you severe financial hardship (e.g., you cannot pay rent or feed your family), you can write a letter to the court explaining your situation. A judge often grants deferrals or exemptions for genuine financial distress.
Can my employer force me to use my vacation days for jury duty?
No. Under the ESA, your employer cannot force you to use your earned paid vacation time to cover your jury duty leave. However, you can voluntarily choose to use your vacation days if you want to keep your paycheque flowing during the trial.
Does my employer have to keep paying my health benefits?
Yes. During any protected statutory leave in Ontario, your employer must continue to pay their share of your health, dental, and pension benefits, provided that you continue to pay your portion of the monthly premiums.
What happens if I work a night shift?
If you work a night shift, your employer generally must excuse you from your shift without penalty so you can attend court during the day. You are not expected to serve on a jury all day and then work all night.
Is the daily juror allowance taxable?
Yes. The money you receive from the Ontario court system for serving as a juror is considered taxable income. However, any reimbursement for travel or parking expenses is generally not taxed.
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