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Do you have the right to take time off work for jury duty?

Region: Ontario Answer # 7754

In most cases, jury duty lasts for about a week, unless you are chosen for a complicated trial. In some cases, it may involve weeks or months. If you are required to serve on a jury, your employer must give you the time off. In almost all provinces, however, the employer does not have to pay your wages, unless it is part of your employment contract or collective agreement.

Ontario’s Juries Act deals with an employer’s responsibility in regards to givng employees time off for jury duty:

Leave of absence from employment

41 (1) Every employer shall grant to an employee who is summoned for jury service a leave of absence, with or without pay, sufficient for the purpose of the discharge of the employee’s duties, and, upon the employee’s return, the employer shall reinstate the employee to his or her position, or provide the employee with alternative work of a comparable nature at not less than his or her wages at the time the leave of absence began and without loss of seniority or benefits accrued to the commencement of the leave of absence.


41(3) Every employer who, directly or indirectly,

(a) threatens to cause or causes an employee loss of position, or employment; or

(b) threatens to impose or imposes on an employee any pecuniary or other penalty,

because of the employee’s response to a summons, or service as a juror, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three months, or to both.

Get Help

If you have a criminal record and want to erase it, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858.

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