Sick Leave For Casual Workers In Australia: Employer Obligations

Hiring casual staff gives your business flexibility, but it also comes with specific responsibilities when those workers are unwell.

If a casual employee calls in sick, can you ask for evidence? Do they get paid? What if they need time off to care for a family member?

In this guide, we’ll break down what “sick leave” looks like for casuals under the National Employment Standards (NES), what you need to do as an employer, and the best-practice documents and policies to manage it all compliantly.

What Counts As Sick Leave For Casuals In Australia?

Under the National Employment Standards, casual employees do not accrue paid personal/carer’s leave (often called paid sick leave). However, casuals do have important unpaid and paid entitlements in certain circumstances.

What Casual Employees Are Entitled To

• Unpaid Personal/Carer’s Leave: Casuals can take up to 2 days of unpaid carer’s leave per occasion to care for or support an immediate family or household member (for example, if a child is sick). They can also be absent from a rostered shift if they’re unfit for work due to illness or injury, although that absence is unpaid.
• Compassionate Leave: Casuals are entitled to 2 days of unpaid compassionate leave per permissible occasion (for example, for the death or serious illness of an immediate family or household member).
• Family and Domestic Violence Leave: All employees, including casuals, are entitled to 10 days of paid family and domestic violence leave each year. For casuals, payment is based on the hours they were rostered to work during the leave period.

“Sick Leave” Language Can Be Confusing

In everyday conversation, people use “sick leave” to cover a range of situations. Legally, for casuals, most of these entitlements are unpaid unless it’s family and domestic violence leave (which is paid) or another entitlement under an award or agreement applies.

State-based nuances can also apply in practice. If you operate in New South Wales, it’s worth understanding how NSW casual sick leave interacts with the national framework (the NES still sets the minimums).

Employer Obligations When A Casual Calls In Sick

When a casual employee tells you they’re sick and can’t work a rostered shift, you have several obligations that kick in-both legal and practical.

1) Accept Reasonable Notice And Keep Good Records

Casuals should let you know as soon as practicable if they can’t attend a rostered shift due to illness or injury, or if they’re taking carer’s or compassionate leave.

As an employer, document the notification, update rosters and payroll accordingly, and record any associated leave (unpaid or paid family and domestic violence leave).

2) Ask For Evidence Where Reasonable

You can ask an employee to provide evidence that would satisfy a reasonable person that the leave was taken for a permitted reason. This is true for casuals too, especially if they’re taking personal/carer’s or compassionate leave.

Requesting medical certificates or a statutory declaration is common in practice-just make sure your expectations are clear in your contracts and policies and that you apply them consistently.

3) Avoid Adverse Action Or Discrimination

Don’t penalise or threaten casual employees for exercising workplace rights (such as taking a lawful absence due to illness or caring responsibilities). Adverse action risks claims under the Fair Work Act and discrimination laws.

4) Manage Rostering Fairly

Casuals are engaged on an as-needed basis, so there’s no ongoing guarantee of hours. That said, your rostering decisions should be fair, consistent, and not a response to someone asserting a workplace right (for example, refusing shifts because a casual took lawful unpaid carer’s leave). If you need to change rosters at short notice, check any applicable award or enterprise agreement.

5) Support Safe Return To Work

For longer absences or where safety is a concern, it can be reasonable to request medical clearance to confirm fitness for duty before the employee resumes rostered shifts. Keep this proportionate to the role’s inherent requirements and any risks.

Can You Require Evidence Or Medical Certificates?

Yes-provided the request is reasonable and proportionate to the circumstances. The NES allows employers to seek evidence that would satisfy a reasonable person the leave was taken for a permitted reason.

What Kind Of Evidence Is Reasonable?

• Medical Certificate: A short note from a registered health practitioner is standard where someone is unfit for work or needs to care for an immediate family member.
• Statutory Declaration: If a medical certificate isn’t practical (for example, a one-day illness), a signed statutory declaration confirming the reason for absence is often acceptable.

Your policy should set out when evidence is required (for example, after one day of absence, or earlier if pattern absences arise). Consistent application is key, and you should account for accessibility and cost barriers (particularly for short illnesses).

To keep expectations clear, reference evidence requirements in your casual Employment Contract and your leave policy. If you’re unsure how far you can go in a specific scenario, check our explainer on when employers can ask for medical certificates.

What About Privacy?

Only request what you need to confirm the entitlement to leave (for example, that the employee is unfit for work on a particular date). Avoid asking for detailed diagnoses unless it’s genuinely necessary for safety or reasonable adjustments.

Do Casuals Get Paid For Sick Days?

Usually, no. Casuals don’t accrue paid personal/carer’s leave under the NES. If a casual is unwell and can’t work a rostered shift, that time is typically unpaid.

When A Casual’s Time Off Is Paid

• Family And Domestic Violence Leave: Casuals are entitled to 10 days of paid leave each year. Payment for a casual is based on the hours they would have worked if they weren’t on leave.
• Award Or Agreement Provisions: Some modern awards or enterprise agreements include additional benefits. Always check the applicable instrument for your industry.
• Workers Compensation: Where the illness or injury is work-related and accepted under workers compensation, separate payment and return-to-work obligations can apply under state or territory law.

How To Handle Unpaid Absences Smoothly

Make sure staff know how to notify you, what evidence might be needed and how rostered shifts will be covered. A simple, consistent process reduces misunderstandings and helps you plan ahead when someone is unexpectedly unable to work.

If a casual requests time off for other reasons (for example, a longer break not covered by the NES), you might treat it as unpaid leave by mutual agreement-always check any award limits and document your decision.

Contracts, Policies And Practical Steps To Manage Casual Sick Leave

Clear documents and simple processes make managing casual sick leave easier for everyone. Here’s what we recommend putting in place.

Set Expectations In Your Contracts

Issue a tailored casual Employment Contract that explains the nature of casual engagement (no guaranteed hours), outlines notice requirements for absences, and links to your leave and evidence policies.

Create A Plain-English Leave Policy

A short, accessible policy should cover how to report absences, who to contact, when evidence is required, and how rosters are updated. Keep it consistent with any applicable award or enterprise agreement.

House your policy within a broader Workplace Policy suite so managers and staff know where to find it, and review it annually to ensure it aligns with current NES requirements.

Build A Fair And Transparent Process

• Notification: Set a clear cut-off for notifying an absence (for example, at least 2 hours before the shift) wherever practicable.
• Evidence: Explain when you may request a medical certificate or statutory declaration, and how to submit it.
• Rostering: Document how you’ll cover shifts and communicate changes to the team.
• Return To Work: Outline when a medical clearance might be required, especially for safety-critical roles or extended absences.

Train Your Managers

Managers are usually the first point of contact when casuals call in sick. Train them to respond consistently, avoid inappropriate questions about medical conditions, and escalate complex cases (for example, repeated absences or sensitive family and domestic violence matters) to HR or a senior decision-maker.

Keep Communication Supportive

It’s good business to take a supportive, privacy-conscious approach. That means asking for the minimum information needed, keeping records securely, and focusing conversations on capacity for work and safety rather than medical detail.

Common Scenarios And How To Respond

• Short-Notice Illness: Ask for notice as soon as practicable. Decide whether evidence is required based on your policy and the circumstances (for example, pattern absences, safety-critical work).
• Carer Responsibilities: If a casual needs time off to care for an immediate family member, allow unpaid carer’s leave and apply your evidence policy reasonably.
• Extended Absence: If a casual is unavailable for a longer period, consider a safe and suitable return plan. Where relevant, request medical clearance; ensure your approach is consistent and role-related.
• Family And Domestic Violence: Provide paid leave, ensure confidentiality, and accommodate safety planning. Limit inquiries to what’s necessary to administer the entitlement.

Key Takeaways

• Casuals don’t accrue paid personal/carer’s leave under the NES, but they do have access to unpaid carer’s and compassionate leave and 10 days of paid family and domestic violence leave.
• When casuals call in sick, accept notice as soon as practicable, manage rosters fairly and keep accurate records of absences and any leave taken.
• You can request reasonable evidence-for example, medical certificates or statutory declarations-if it would satisfy a reasonable person that the absence or leave was genuine.
• Most casual “sick days” are unpaid unless a modern award or agreement provides otherwise, or the absence is paid family and domestic violence leave.
• Set clear expectations in a tailored casual Employment Contract and simple policies so your team knows how to report absences, provide evidence, and return to work safely.
• Train managers to apply your processes consistently, protect privacy and direct complex cases to HR or senior leadership.

If you’d like a consultation on managing sick leave for casual workers in your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.