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Jury duty in Ontario is a legal civic obligation. If an employee is summoned, their employer must by law allow them to go — and cannot fire, demote, or penalise them for serving. The leave is unpaid unless a contract or policy says otherwise. Both sides have legal rights and obligations that are worth understanding before a summons arrives.
What is jury duty in Ontario — and who gets called?
Under Ontario’s Juries Act, eligible citizens can be randomly selected from the provincial voters list and summoned to appear at a courthouse for jury selection. If selected, they serve on the jury for the duration of a criminal or civil trial — which could last anywhere from a single day to several months.
To be eligible, a person must be a Canadian citizen, at least 18 years old, and a resident of Ontario. There is no hard upper age limit in the legislation — however, anyone aged 65 or older can request to be excused and courts routinely grant that request. Certain people are automatically disqualified from serving, including practising lawyers, judges, police officers, and anyone with an unpardon criminal conviction.
For employers, this means any employee on your team — full-time, part-time, or contract — could receive a jury summons at any time. Knowing your obligations in advance means you are not caught off guard when it happens.
Do you get paid for jury duty — and what must employers do?
The government pays jurors a modest daily allowance — not a replacement salary. For the first ten days of service the allowance is $40 per day, rising to $100 per day from day 11 to 49, and $200 per day from day 50 onward. This covers basic expenses but falls well short of a regular income for most employees.
$40/day
Days 1–10
$100/day
Days 11–49
$200/day
Day 50+
Under Ontario’s Employment Standards Act, every employer — regardless of company size — must provide an unpaid leave of absence for the full duration of jury duty. The employer cannot fire, demote, reduce the hours of, or otherwise penalise an employee for serving. These protections apply to full-time, part-time, and contract employees alike.
Ontario law does not require employers to pay regular wages during jury duty. The leave is unpaid by default. However, some employers choose to top up the difference between the government allowance and the employee’s regular pay — either as a written policy, a contractual obligation, or simply as good practice. If your employment contract or collective agreement specifically provides for paid jury leave, that entitlement is enforceable.
EMPLOYERS MUST
● Grant unpaid leave for the full duration of jury service
● Reinstate the employee to their same or comparable role when they return
● Continue benefits during the leave if the contract provides for it
EMPLOYERS MUST
● Grant unpaid leave for the full duration of jury service
● Reinstate the employee to their same or comparable role when they return
● Continue benefits during the leave if the contract provides for it
Dress code — what to wear to jury duty in Ontario
There is no official written dress code for jurors in Ontario, but the courtroom is a formal environment and the expectation is that you dress neatly and respectfully. Business casual is the standard most people follow — neat trousers, blouses, button-down shirts, or modest dresses. Think of what you would wear to a job interview or a formal meeting.
Avoid shorts, ripped jeans, athletic wear, or clothing with slogans. Comfort also matters — you may be sitting for extended periods, so dress appropriately but make sure you can concentrate without being uncomfortable. When in doubt, err on the side of being slightly overdressed rather than underdressed.
Jury duty exemptions in Ontario — and how to request one
Jury duty is a legal obligation — but it is not absolute. Ontario’s Juries Act allows a judge or court official to excuse a potential juror for sufficient cause. You cannot simply ignore the summons, but you can formally request to be excused or deferred by responding in writing before your required date.
Grounds that courts regularly consider include a medical condition supported by a doctor’s note, being the sole caregiver for a child or dependent with no alternative care available, serious financial hardship — particularly for self-employed individuals — significant pre-booked travel, and age of 65 or older. For employees, financial hardship arguments carry more weight when the employer is not topping up pay and the loss of income would be genuinely severe.
For employers: You cannot request an exemption on an employee’s behalf, and you should not pressure an employee to seek one. If the employee chooses to request a deferral for personal reasons, that is their decision to make — not yours. Any employer interference in this process risks an ESA complaint.
What happens if an employee misses jury duty — or an employer interferes?
For employees — failing to appear after being summoned, without being excused, is taken seriously by Ontario courts. Under the Juries Act, a person who ignores a summons can be found in contempt of court, which can result in a fine or a requirement to appear before a judge. If you missed your date due to a genuine emergency or illness, contact the courthouse as soon as possible, explain what happened, and provide supporting documentation. Courts are generally reasonable when people engage honestly and promptly.
For employers — interfering with an employee’s jury duty is an ESA violation. If an employer fires, demotes, threatens, or penalises an employee for serving — or even for being summoned — the employee has the right to file a complaint with the Ministry of Labour. The employer can be ordered to reinstate the employee, pay lost wages, and compensate for any harm caused. The legal exposure for getting this wrong is real and avoidable.
The bottom line: Jury duty creates obligations on both sides of the employment relationship. Employees must attend when summoned and follow the proper process if they need to be excused. Employers must protect their employee’s right to serve — and cannot treat jury duty as an inconvenience to be managed around. If either side gets this wrong, the legal consequences are real. When in doubt, speak with an Ontario employment lawyer before taking any action.
