Has one of your employees been called for jury duty? Best practices for employers to follow

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Jury duty is an important civic responsibility in Canada, and it’s not uncommon for employers to find themselves managing the temporary absence of an employee who has been summoned to serve.

Understanding how to appropriately handle such situations is crucial for maintaining compliance with the law and ensuring a supportive work environment.

Understanding the legal framework

In Canada, the obligation to serve on a jury is governed by provincial and territorial jury acts. While these laws vary slightly across jurisdictions, they generally require employers to give employees time off for jury duty and prohibit penalizing them for their absence. Familiarizing oneself with the specific legislation applicable in their province or territory is the first step for any employer.

Best practices for handling jury duty

Prompt and Supportive Response: Upon receiving a notification from an employee about jury duty, respond promptly and positively. Acknowledge the importance of their civic duty and assure them of your support.

Review Employment Contracts and Policies: Check your employment contracts and workplace policies. Some organizations have specific provisions regarding jury duty, including pay policies.

Understand Pay Obligations: Generally, employers in Canada are not required to pay employees while they are serving on a jury. However, some employers choose to do so as a goodwill gesture or as part of their employment policies.

Maintain Open Communication: Keep the lines of communication open with your employee. Discuss the expected length of their jury service and any flexibility in scheduling they might have.

Plan for the Employee’s Absence: Organize temporary coverage for the employee’s duties. This could involve redistributing tasks among existing staff or hiring temporary replacements.

Respect Privacy: While you may ask for some verification of the jury duty summons, respect the employee’s privacy and confidentiality, especially regarding the details of the case they are involved in.

Prepare for Extended Absences: In cases of long trials, develop a longer-term plan to manage the employee’s workload. Regular check-ins can be helpful to both the employee and the employer in these situations.

Welcome Back: Once the jury duty is completed, ensure a smooth transition back to work for the employee. Update them on any significant developments that occurred during their absence.

Common mistakes to avoid

Discouraging Jury Duty: Avoid discouraging the employee from fulfilling their jury duty. This can be seen as interference with a legal obligation and can have legal repercussions.

Penalizing the Employee: Do not penalize the employee in any way for their absence due to jury duty. This includes any form of reprisal or adverse treatment.

Poor Communication: Failing to maintain open and supportive communication can lead to misunderstandings and unnecessary stress for the employee.

Inadequate Planning: Not planning for the employee’s absence can lead to operational challenges. It’s important to proactively manage their workload during their time away.

Ignoring Employee Well-being: Jury duty can be a stressful experience. Ignoring the potential impact on the employee’s well-being and not providing support can be detrimental.

Lack of Policy: Not having a clear policy on jury duty can lead to inconsistent handling of such situations. It’s advisable to have a clear, written policy.

Conclusion

Jury duty is a fundamental aspect of the Canadian legal system, and employers play a crucial role in facilitating this civic duty. By understanding the legal requirements, maintaining supportive communication, and effectively managing the employee’s absence, employers can navigate these situations successfully.

It’s not just about legal compliance; it’s also about demonstrating a commitment to civic responsibility and employee well-being. Employers are encouraged to consult with legal experts to tailor their approach to their specific provincial or territorial legislation and to the unique circumstances of each case.

Through this comprehensive approach, employers can ensure that they are upholding the law, supporting their employees, and maintaining a positive and responsible workplace culture.

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