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.
Quick Answer: What Does The Law Say About Notice For Casual Sick Calls?
There is no single “X hours” rule in Australian law for casuals calling in sick. Under the National Employment Standards (NES) and most modern awards, the standard is that employees must notify their employer of an absence “as soon as practicable” and advise the expected period of absence. “As soon as practicable” means the employee should contact you as soon as they can reasonably do so in the circumstances. If someone wakes up unwell on the morning of a shift, notifying you immediately (for example, by phone or the designated channel) is generally required. Importantly, casual employees usually don’t have paid personal/carer’s leave. However, the notification and evidence standards can still apply to unpaid absences due to illness or injury. You can reinforce these expectations in your employment documents and day-to-day processes. For a broader view on expectations across casual engagements, it’s worth revisiting the notice requirements for casual employees in Australia.Balancing “As Soon As Practicable” With Your Business Needs
While the law doesn’t set a fixed number of hours, you can and should set a clear communications protocol. The key is to ensure your rules are reasonable, consistent with any applicable award or agreement, and clearly communicated.Set Clear Notification Channels
- Nominate how staff should notify you (e.g. phone call to the manager on duty, SMS to a roster phone, or notification via your rostering app).
- Avoid requiring multiple steps. Keep it simple, practical and easy for a sick employee to follow.
State Your Timing Expectations
- Explain that casuals must notify you “as soon as practicable” when they know they can’t work.
- If you want a minimum timeframe (e.g. at least two hours before shift start where possible), frame it as a best-practice target rather than an absolute rule-because illness can be unpredictable.
Build Backup Plans Into Rosters
- Set up an on-call list or have cross-trained staff who can step in when sickness strikes.
- Review your rostering processes and any award restrictions that affect last-minute changes; see the overview of legal requirements for employee rostering in Australia.
Be Consistent
- Apply your rules consistently across the team. Inconsistent enforcement can create workplace issues and legal risks.
- Keep brief records of late call-ins and the reason given; patterns are easier to manage when you can spot them early.
Can You Require Evidence From Casuals (And What’s Reasonable)?
Yes. You can request reasonable evidence (for example, a medical certificate or statutory declaration) for an absence due to illness or injury-even from casual employees. The test is “reasonable in the circumstances.” For a casual who misses a single shift, it may be reasonable to request evidence if your policy says so or if the applicable award allows it. For longer absences or recurring short-notice call-ins, evidence becomes more important.What Counts As Evidence?
- A medical certificate from a registered health practitioner stating the employee was unfit for work for a stated period.
- A statutory declaration that the employee was genuinely ill or injured.
When Can You Ask For Evidence?
- Where your policy or the relevant award requires evidence for any sick absence, or after a set number of consecutive absences.
- Where patterns suggest misuse (e.g. frequent sick calls on Friday nights). Approach this carefully, focus on the pattern, and ask for evidence moving forward.
Make Evidence Practical
- Allow reasonable time for the employee to provide the evidence (e.g. by the next rostered shift) rather than the same day, especially if they’re unwell.
- Accept electronic copies where appropriate to keep things simple and efficient.
Rosters, Cancellations And Pay: What Happens To The Shift?
When a casual calls in sick, there’s usually no paid personal leave, and payment is only owed for hours actually worked unless an award or agreement says otherwise. However, how you handle the roster and any replacement matters for compliance and fairness.Short-Notice Call-Ins
If a casual notifies you just before a shift, you’ll typically remove them from the roster for that shift and try to find a replacement. Keep a list of qualified staff who are available on short notice. Avoid penalising the employee if they followed your notification rules and provided evidence where required.Employer Cancellations Are Different
Be careful not to conflate employee sick call-ins with employer-initiated cancellations. If you cancel a casual’s shift, minimum notice and minimum engagement periods under the relevant award or agreement may apply, and you may owe payment depending on the circumstances. To avoid underpayment risks, review your obligations around minimum notice for cancelling casual shifts and consider a clear shift cancellation policy so managers follow the same process across the business.Rostering Changes After A Sick Call
Some modern awards include minimum engagement periods and limits on changing rosters at short notice. If you’re moving people around to cover a sick call, double-check any relevant award rules on changing rosters so you don’t inadvertently breach them. For broader guidance on roster flexibility, see changing employee rosters.What To Put In Your Employment Contracts And Policies
The best way to avoid confusion is to set expectations in writing. Your casual contracts and workplace policies should mirror the NES and applicable awards, but they can go further by clarifying the practical “how” for your workplace.Casual Employment Contract
Your casual agreement can include:- The requirement to notify absences “as soon as practicable,” with your preferred contact method.
- Any best-practice timing you expect before a shift (e.g. notify at least two hours before start time where possible).
- When evidence is required and acceptable forms of evidence.
- A reminder that casuals are engaged per shift and don’t have guaranteed ongoing hours.
Sick Leave/Absence Policy
A workplace policy should align with the contract but can be more detailed about process, including:- Examples of how to notify (who to contact, what details to include, how to advise the expected duration).
- Evidence requirements (when certificates or declarations are needed, and how to provide them).
- How managers record absences and escalate recurring issues.
- How replacements are sourced and any guidelines for swapping shifts.
Privacy And Record-Keeping
Medical information is sensitive. Keep evidence records secure, only collect what’s necessary, and limit access to those who need to manage rosters and payroll. If you collect personal information through HR systems or apps, ensure your privacy practices reflect Australian privacy laws and your published privacy notices.Fair, Compliant Processes For Managing Repeated Absences
Most sick call-ins are genuine. But repeated short-notice absences can hurt operations and team morale. The goal is to manage these situations fairly, lawfully and transparently.Spot Patterns Early
- Use your roster system to track attendance and reasons for absence.
- If a pattern emerges (e.g. last-minute Friday absences), invite the employee to a supportive conversation focused on the impact and your expectations.
Reinforce Evidence Requirements
- Where a pattern persists, explain that evidence will be required for future absences for a period (consistent with your policy and any award).
- Document these instructions in writing and keep the tone professional and supportive.
Consider Operational Solutions
- Adjust rostering or shift allocations while issues are worked through, ensuring any changes comply with applicable award rules.
- Offer alternative shifts if suitable, or additional training if capability is a factor.
Escalate Carefully If Needed
- Use your performance management process if expectations continue to be missed. Keep procedural fairness front of mind.
- If illness is longer term, request fitness-for-duty information or a return-to-work clearance where appropriate under your policies and the law.
Frequently Asked Questions For Employers
Can We Set A Fixed “Minimum Hours’ Notice” For Sick Call-Ins?
You can set an expectation, but it should operate alongside the legal standard of “as soon as practicable.” A fixed rule (for example, “must notify 3 hours before shift or it’s unauthorised”) may be unreasonable if the employee only became unwell shortly before the shift. Frame your minimum as a best-practice target and focus on prompt, practical communication.Can We Refuse A Sick Call If It’s Too Close To The Shift?
No. If an employee is unwell, they cannot be forced to work. Your focus should be on timely notification, reasonable evidence, and adjusting rosters. Refusing a genuine sick call is not compliant and can increase safety risks.Do We Have To Pay A Casual Who Calls In Sick?
Generally, casuals are only paid for hours actually worked, and they don’t accrue paid personal/carer’s leave. Payment obligations may differ if you, as the employer, cancel a shift-so keep your processes aligned with minimum notice for cancelling casual shifts and your award’s minimum engagement rules.Can We Require A Medical Certificate For One Missed Casual Shift?
Often yes, if your policy or the relevant award allows it, and it’s reasonable in the circumstances. A short, one-off absence might not always justify demanding evidence, but many employers require it for the next rostered shift or when patterns appear. See the employer-focused guidance on medical certificates for casual employees.What If The Employee Doesn’t Follow The Notification Process?
Apply your policy consistently. If someone repeatedly fails to notify or provide required evidence, you can address it through your performance management process. Always consider extenuating circumstances (e.g. hospitalisation), keep records and maintain procedural fairness.Implementation Checklist: Put This Into Practice
If you’re looking to tighten your approach without overcomplicating things, here’s a simple roadmap you can adapt:- Review your award or enterprise agreement to confirm notification, evidence and roster-change rules relevant to casuals.
- Update your casual contracts to reflect “as soon as practicable” notice, preferred contact methods, and evidence expectations-using a clear, tailored Employment Contract template.
- Create or refresh your absence/sick leave policy, and include examples and timeframes that are reasonable and practical within a broader Workplace Policy suite.
- Set up a simple roster backup plan (on-call list, cross-trained staff) and confirm the legal guardrails for changing rosters.
- Standardise your process for shift cancellations so managers know the compliance rules that apply, supported by a written shift cancellation policy.
- Train managers on how to request evidence reasonably, handle sensitive information, and run supportive conversations when patterns emerge.
- Keep brief, secure records of absences, notifications and evidence to help you manage trends fairly and lawfully.
Key Takeaways
- There’s no fixed “X hours” rule-casuals must notify you “as soon as practicable” and state the expected absence period.
- Set clear procedures in contracts and policies for how to notify, who to contact, and when evidence is required.
- You can ask for reasonable evidence from casuals; keep requests proportionate and consistent with awards and your policy.
- Don’t confuse an employee’s sick call with employer-initiated cancellations-different rules on notice and pay can apply.
- Strong rostering practices, simple backup plans and consistent record-keeping reduce last-minute disruption and risk.
- Address repeated short-notice absences with supportive conversations first, then escalate through your performance process if needed.








