Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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Managing a casual workforce gives your business flexibility, but it can be confusing when a casual asks for “time off”. What are they legally entitled to? When can you say yes (or no)? And what’s the best way to handle last‑minute absences without breaching your obligations?
In Australia, casual employment sits under the National Employment Standards (NES), with extra rules in modern awards and enterprise agreements. Casuals don’t get the same paid leave as permanent staff - but they do have specific entitlements you need to understand and manage fairly.
Below, we break down what “time off” looks like for casuals, how to handle common scenarios, and the policies and documents that make this easier for your team, your rosters and your compliance.
What Time Off Can Casual Employees Access Under Australian Law?
As a starting point, casuals don’t receive paid annual leave or paid personal/carer’s leave. The trade‑off is their casual loading, which compensates for a lack of these entitlements.
However, that doesn’t mean casuals can’t be absent from work or that every absence is unpaid. The NES provides several forms of leave and protections that still apply to casual employees.
Unpaid Personal/Carer’s Leave
Casuals can take up to 2 days of unpaid carer’s leave per occasion to care for an immediate family or household member who is sick, injured, or has an unexpected emergency. If a casual is unwell themselves, you can agree to unpaid time off (and many businesses do), but there’s no entitlement to paid sick leave for casuals under the NES. For a deeper dive into the rules here, see our guide to sick pay for casual workers.
Compassionate Leave
Casuals can take 2 days of unpaid compassionate leave per occasion if a member of their immediate family or household dies or develops a life‑threatening illness or injury.
Paid Family and Domestic Violence Leave
All employees in Australia, including casuals, are entitled to paid family and domestic violence leave under the NES. This is a sensitive area - ensure your processes respect confidentiality and safety considerations.
Parental Leave (If Eligibility Is Met)
Casuals may be eligible for unpaid parental leave if they have been employed on a regular and systematic basis for at least 12 months and have a reasonable expectation of continuing employment. It’s good practice to reflect your approach in a clear Parental Leave Policy.
Community Service Leave
Casuals can take unpaid community service leave for activities such as voluntary emergency management or jury service. Different awards may also deal with make‑up pay obligations for jury service for permanent staff; for casuals, it’s typically unpaid by the employer.
Long Service Leave
Depending on the state or territory, casuals can accrue long service leave based on regular and systematic service. The rules are state‑based, so check your jurisdiction’s legislation and any applicable award.
Outside of these entitlements, you can always agree to other unpaid time off arrangements by policy or on a case‑by‑case basis. A clear internal framework helps you manage this consistently and fairly.
When Can Casuals Be Absent From Rostered Shifts?
Unlike permanent employees, casuals don’t have a firm guarantee of ongoing hours. However, once a casual is rostered and accepts a shift, both parties should act reasonably about any change - including if the employee can’t attend or needs time off.
In practice, most businesses set expectations around notice and evidence for absences. You can require reasonable evidence (for example, a medical certificate) even if the leave is unpaid, especially where an award or your policy allows it. If you’re unsure when you can ask for evidence, our employer guide on medical certificates for casual employees outlines where this is appropriate.
Also remember that casuals can decline offers of work. If a worker is not available or wants time off on a particular day, they can refuse shifts without using “leave”. This is a normal feature of casual engagement and is covered in our article on whether casual employees can refuse shifts.
Awards and enterprise agreements may include more specific rules about evidence, cancellations and rostering. Always check the instrument that applies to your industry.
Managing Unpaid Time Off Requests Fairly And Legally
If your casual staff occasionally need time off, a simple, transparent process will save you a lot of rostering headaches.
Set A Request Process
- Define how and when casuals should request time off (e.g. a minimum notice period where practical).
- Nominate who approves requests and how you’ll confirm outcomes in writing.
- Explain that urgent situations will be handled compassionately and as reasonably practicable.
Use Reasonable Evidence Requirements
Where an absence is due to illness or caring responsibilities, it’s reasonable to ask for evidence in line with the NES, applicable awards and your policy. Keep it consistent across your team to avoid claims of unfair treatment.
Be Clear About Unpaid Leave
You can agree to unpaid time off beyond the NES (for example, study, travel or personal reasons). A short policy helps everyone understand when this is appropriate and how it impacts rosters. If you’re weighing up options, we cover the rules and good practice in Understanding Unpaid Leave.
Support Health And Safety
Absences can sometimes relate to stress or mental health. You have obligations under work health and safety laws and Fair Work to support employees appropriately and reasonably manage risks. Our guide to Fair Work obligations regarding employee mental health offers practical pointers for employers.
Do Casuals Get Paid Public Holidays, Annual Leave Or Sick Leave?
It’s a common point of confusion, so let’s put it simply:
- Annual Leave: Casuals don’t accrue or take paid annual leave under the NES.
- Personal/Carer’s Leave: Casuals don’t receive paid sick leave under the NES (they may take unpaid carer’s leave per occasion).
- Public Holidays: Casuals are generally paid only if they work on the public holiday (and award penalties may apply). If they’re not rostered or don’t work, no payment is owed, unless your award or agreement says otherwise.
Always check the specific award for your industry, as penalty rates and public holiday rules can differ, especially in hospitality, retail and health.
Practical Scenarios And How To Handle Them
A Casual Calls In Sick On The Day
Ask for notice as soon as practicable, confirm the shift cancellation, and record the absence as unpaid. If you require evidence for short‑notice absences, communicate this upfront in your policy and apply it consistently. For guidance tailored to casual arrangements, see our article on medical certificates for casual employees.
Time Off To Care For A Family Member
Casuals can take up to 2 days of unpaid carer’s leave per occasion for immediate family or household members. You can request reasonable evidence, and you should handle requests promptly given the urgent nature of caring responsibilities.
Family And Domestic Violence Leave
Where a casual employee needs FDV leave, treat requests confidentially and sensitively. This is a paid NES entitlement for casuals, and processes should be clearly outlined in your policies so employees know how to access support safely.
Study Or Exam Leave For Casuals
There’s no automatic entitlement under the NES for study leave for casuals. However, many employers agree to unpaid time off during exam periods to support retention and morale. Our overview of study leave explains how you might set this up in a consistent way.
Unpaid Parental Leave For Eligible Casuals
If a casual has been engaged on a regular and systematic basis for at least 12 months and has a reasonable expectation of continuing employment, they may be eligible for unpaid parental leave. Align your approvals with the NES and set expectations in your Parental Leave Policy so managers follow a consistent approach.
What Documents And Policies Should You Have In Place?
Good documents make “time off” questions easier to answer quickly, consistently and lawfully. Consider the following for casual staff:
- Employment Contract (Casual): Defines casual status, loading, minimum engagement (where applicable), availability, shift acceptance, evidence requirements and processes for requesting time off.
- Workplace Policies: A simple leave framework for casuals can cover unpaid carer’s leave, compassionate leave, domestic violence leave processes and general unpaid leave requests. Many employers bundle these within a Staff Handbook.
- Evidence And Absence Policy: Sets when you’ll ask for a medical certificate or other proof, and how employees should notify you of unplanned absences.
- Parental Leave And Flexible Work: Eligibility for casuals can be tricky - a clear Parental Leave Policy helps HR and managers stay consistent.
- Privacy And Records: If you’re collecting medical certificates or sensitive information, make sure your Privacy Policy and internal practices comply with the Privacy Act, including secure storage and limited access.
It’s also important to train managers on how to apply these policies. Consistency reduces risk and makes rosters more predictable.
How To Balance Business Needs With Flexibility
Casual employment is designed to flex with demand. The trick is balancing that flexibility with fairness and compliance.
- Plan Ahead Where Possible: Encourage your team to flag non‑availability early so you can roster around it.
- Build A Relief Pool: Cross‑train staff to cover short notice absences without overloading the same people.
- Be Clear, Not Rigid: Policies should give you structure, but leave room for discretion in compassionate situations.
- Keep Good Records: Document requests, approvals and any evidence received so you can demonstrate consistent decision‑making.
If you’re ever unsure about an absence request or evidence requirement, seek advice early - it’s far easier to get it right upfront than to resolve a dispute later.
Key Takeaways
- Casual employees don’t get paid annual leave or paid sick leave, but they do have NES entitlements such as unpaid carer’s leave, unpaid compassionate leave and paid family and domestic violence leave.
- Casuals can refuse shifts; where they’ve accepted a rostered shift and can’t attend, you can apply reasonable notice and evidence requirements in line with the NES and any relevant award.
- Parental leave can apply to eligible casuals engaged on a regular and systematic basis for at least 12 months with a reasonable expectation of continuing employment.
- A clear request process, consistent evidence rules and supportive policies help you manage unpaid time off fairly while protecting your rosters and compliance.
- Put core documents in place - a Casual Employment Contract, simple leave policies and a compliant Privacy Policy - so managers have a clear framework to follow.
- When in doubt, check the applicable award or agreement and get legal guidance before you refuse or approve time off in borderline situations.
If you’d like a consultation on managing time off for casual employees in your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.
