Australian community service leave is a National Employment Standard (NES) entitlement under the Fair Work Act 2009 that allows employees to take paid leave for volunteer emergency management activities, civil emergency duties, and other prescribed community service activities. The NES provides for paid community service leave for volunteer emergency management activities (e.g. volunteer fire brigade, State Emergency Service) and unpaid community service leave for other civic duties (e.g. jury service, voluntary emergency management). The distinction between paid and unpaid community service leave depends on the nature of the activity.
This guide covers the NES entitlement, the types of community service leave, the payment rules, and the employer’s obligations.
Key takeaways
- Paid community service leave is available for volunteer emergency management activities under s.108 Fair Work Act.
- Unpaid community service leave is available for jury service, voluntary emergency management, and other civic duties under s.108.
- The leave is paid at the employee’s base rate of pay for paid community service leave.
- The employer can request evidence of the need for leave (e.g. a certificate from the emergency management authority).
- The NES sets the floor — Modern Awards and enterprise agreements can provide more generous entitlements.
Types of community service leave
The NES provides two types of community service leave:
1. Paid community service leave (s.108)
Available for volunteer emergency management activities, including:
- Volunteer fire brigade — attending fires, training, or other emergency duties
- State Emergency Service (SES) — responding to natural disasters, rescues, or other emergencies
- Volunteer rescue association — attending rescue operations
- Marine rescue — attending marine emergencies
- Other volunteer emergency management — activities prescribed by regulation
The leave is paid at the employee’s base rate of pay. The employee must be a registered volunteer with the relevant authority.
2. Unpaid community service leave (s.108)
Available for:
- Jury service — attending court as a juror (some Awards provide paid jury service)
- Voluntary emergency management — activities not covered by the paid category
- Other civic duties — activities prescribed by regulation
The leave is unpaid. Some Modern Awards provide paid jury service — check the applicable Award.
Payment during community service leave
| Activity | Payment | Source |
|---|---|---|
| Volunteer emergency management (paid) | Base rate of pay | NES (s.108) |
| Jury service | Often unpaid (some Awards provide paid jury service) | NES or Award |
| Other civic duties | Unpaid | NES |
| Voluntary emergency management (unpaid) | Unpaid | NES |
The base rate of pay excludes overtime, bonuses, commissions, and other loadings.
Evidence requirements
Under s.107 Fair Work Act, the employer can request evidence that would satisfy a reasonable person that the leave is needed. For community service leave, common evidence includes:
- Certificate from the emergency management authority — confirming the employee’s participation
- Letter from the court — confirming jury service attendance
- Statutory declaration — for activities where a formal certificate is not available
The employer cannot require a specific form of evidence.
Duration and notice
There is no limit on the duration of community service leave under the NES. The leave continues for as long as the activity requires. However:
- The employee must notify the employer as soon as practicable
- The employee must provide evidence on request
- The employer can request the employee to reschedule leave if the timing is unreasonable (but only for non-emergency activities)
For emergency management activities, the employee may not be able to give advance notice — the NES recognises this and does not require advance notice for emergency duties.
Employer obligations
Six core duties apply to Australian community service leave management:
- Grant paid leave for volunteer emergency management activities at the base rate of pay
- Grant unpaid leave for jury service and other civic duties
- Request evidence where reasonable, but not require a specific form
- Record leave accurately in the leave management system
- Not refuse leave for emergency management activities — the employee has a right to attend
- Coordinate with Modern Awards — some Awards provide enhanced entitlements (e.g. paid jury service)
Common pitfalls
1. Refusing leave for emergency activities
The employee has a right to attend volunteer emergency management activities. Refusing leave for these activities is a breach of the NES.
2. Requiring advance notice for emergency duties
Emergency management activities are by nature unpredictable. The NES does not require advance notice for emergency duties — the employee must notify as soon as practicable.
3. Paying at the wrong rate
Community service leave is paid at the base rate of pay, not the rate including overtime, bonuses, or loadings. Paying at the wrong rate creates an underpayment or overpayment risk.
4. Not applying Award enhancements
Some Modern Awards provide enhanced entitlements for community service leave (e.g. paid jury service). The employer must check the applicable Award and apply the more generous terms.
5. Confusing community service leave with personal leave
Community service leave is a separate NES entitlement from personal/carer’s leave. The employer cannot require the employee to use personal leave instead of community service leave.
For more Australian context, see our guide to Australian personal leave and Australian carer’s leave.
A leave management system that distinguishes community service leave from other leave types, tracks the correct payment rules, and manages evidence requests keeps your volunteer employees supported and your compliance intact.
Frequently asked questions
What is community service leave in Australia?
Community service leave is a NES entitlement that allows employees to take paid leave for volunteer emergency management activities and unpaid leave for jury service and other civic duties.
Is community service leave paid?
Volunteer emergency management activities are paid at the employee’s base rate of pay. Jury service and other civic duties are typically unpaid (unless the Modern Award provides paid jury service).
Can an employer refuse community service leave?
The employer cannot refuse leave for volunteer emergency management activities. For non-emergency activities, the employer can request evidence and reschedule if the timing is unreasonable.
Do casual employees get community service leave?
Casual employees are entitled to unpaid community service leave under the NES. They do not accrue paid community service leave.
How long can community service leave last?
There is no limit on the duration of community service leave under the NES. The leave continues for as long as the activity requires.
Sources
- Fair Work Act 2009 — Part 2-2, Division 5
- Fair Work Ombudsman — Community Service Leave
- National Employment Standards
Last updated: 26 July 2026. This article is general guidance, not legal advice. Community service leave entitlements depend on the applicable Modern Award or enterprise agreement — confirm current terms with the Fair Work Ombudsman.