Casual employees play a vital role in Australia’s workforce – but many are unsure about their legal rights when it comes to leave entitlements.
Unlike full-time and part-time workers, casual employees generally do not receive paid leave, but they do have important unpaid leave rights under the Fair Work Act 2009 (Cth).
Understanding these entitlements is critical for employees protecting their legal rights and employers avoiding penalties and Fair Work disputes.
In this guide, our workplace lawyers explain what leave casual employees are legally entitled to, when employers can lawfully refuse leave and what to do if leave is wrongly denied,
Key Takeaways
Casual employees do not receive paid annual or sick leave, but they are legally entitled to several types of unpaid leave under the Fair Work Act 2009 (Cth).
Unpaid carer’s leave and compassionate leave apply per occasion, not as an annual balance – and they do not accumulate or get paid out.
Family and domestic violence leave is a protected workplace right, and mishandling these requests can expose employers to serious legal penalties.
Employers can only refuse leave on reasonable business grounds, and an unreasonable refusal may lead to an unfair dismissal or general protections claim.
If your leave is wrongly refused, legal action may be available – and early advice from an employment lawyer can protect your job and your entitlements.
What Leave Entitlements Do Casual Employees Have?
Under the National Employment Standards (NES), casual employees are entitled to specific types of unpaid leave, including:
Unpaid carer’s leave
Unpaid compassionate (bereavement) leave
Unpaid family & domestic violence leave
Community service leave (e.g. jury duty, emergency services)
These entitlements apply regardless of award coverage, unless modified by an enterprise agreement.
Not sure where you stand? Reach out to our employment law team for clear, confidential advice.
1. Unpaid Carer’s Leave for Casual Employees
Carer’s leave (also called personal leave) allows you to take time off to care for an immediate family or household member who is ill, injured or facing an emergency.
Casual employees are entitled to:
2 days of unpaid carer’s leave per occasion
This can be taken:
As 2 consecutive days, or
In separate periods, by agreement with your employer
Carer’s leave does not accumulate for casual employees and is not paid out when employment ends.
Employers may request as evidence:
Medical certificates
Doctor’s notes
Statutory declarations
Legal Tip for Employees: Always keep written proof of your request and medical documents.
Legal Tip for Employers: Evidence requests must be reasonable and consistent.
2. Unpaid Compassionate (Bereavement) Leave
Compassionate leave applies when:
A close family or household member dies
A family member suffers a life-threatening illness
A miscarriage or stillbirth occurs
Your spouse or de facto partner has a miscarriage
Casual compassionate leave entitlements:
2 days of unpaid leave per qualifying event
Can be taken:
As two consecutive days
As two separate one-day blocks
In another agreed structure
Casual employees do not receive payment for compassionate leave.
Employers may reasonably request:
Death or funeral notices
Medical documentation
Statutory declarations
If your employer refuses bereavement leave without valid grounds, contact Prosper Law immediately to preserve your rights.
3. Family & Domestic Violence Leave (FDV Leave)
Family and domestic violence includes:
Physical violence
Threatening or coercive behaviour
Emotional, financial, or psychological abuse
Casual employees are entitled to:
5 days of unpaid FDV leave per year
Leave resets annually (does not accumulate)
Under recent Fair Work amendments:
Many Australian employees are now entitled to 10 days of paid FDV leave
Coverage depends on employer size and timing
Confidentiality Obligations for Employers
Employers must keep all FDV information confidential, except where disclosure is:
Required by law
Necessary to protect health or safety
Remember: Mishandling FDV information can expose employers to serious legal liability.
4. Community Service Leave
Community service leave covers:
Jury duty
Emergency management volunteering (SES, CFA, etc.)
This type of leave covers:
Time spent on duty
Reasonable travel
Rest time
There is no cap on this leave
Is Community Service Leave Paid?
Jury duty: Paid (excluding government allowance offset)
All other community service: Unpaid
Employers may request official proof such as a court summons or emergency request notice.
When Can Employers Legally Refuse Casual Leave?
Employers may only refuse leave on reasonable business grounds, such as:
Genuine operational demands
Critical staffing shortages
Block-out periods (e.g. Christmas retail trading)
Unreasonably short notice
Unsure if your business is handling casual leave correctly? Reach out to ensure your policies are compliant.
Case Law Example
In Stevens v Horsley Park Supermarket [2017], the Fair Work Commission ruled that:
Delayed employer decisions can make refusals unreasonable
The employee was unfairly dismissed
Compensation of $13,400 was awarded
Legal Tip: Refusing leave without proper consideration may expose employers to unfair dismissal claims.
If you’re a business wanting to learn more about obligations under the Fair Work Act, read our guide here: The Fair Work Act – A Guide for Employers.
What To Do If Your Leave Is Wrongly Refused
Step 1: Review Your Employment Terms
Check:
Your employment contract
The applicable Modern Award
Workplace leave policies
Step 2: Request Written Reasons
Employers must provide reasons – they cannot simply say “no.”
Step 3: Get Professional Legal Advice
If your rights have been breached, you may be entitled to:
Compensation
Reinstatement
If your leave has been refused and it doesn’t feel right, reach out for confidential legal guidance today.
Frequently Asked Questions
Do casual employees get any paid leave in Australia?
Generally, no. Casual employees do not receive paid annual leave or paid personal leave.
However, some casual employees may now qualify for paid family and domestic violence leave under recent Fair Work law changes. Always check your award or agreement.
Legal Tip: If your employer incorrectly classifies you as a casual, you may be entitled to back-paid leave.
Can a casual employee take sick leave?
Yes – casual employees can take unpaid carer’s (sick) leave when they are ill or caring for an immediate family or household member. This is a legal entitlement, even though it is unpaid.
Employer Risk: Refusing this leave without reasonable grounds or terminating an employee for taking sick leave is likely to breach the Fair Work Act.
Can my employer refuse my unpaid leave request?
Yes, but only on reasonable business grounds, such as:
Critical operational needs
Staffing shortages
Valid block-out periods
Inadequate notice
If refusal is unreasonable, you may have a legal claim.
Does compassionate leave apply to casual employees?
Yes. Casual employees are entitled to 2 days of unpaid compassionate leave per qualifying event, including death, miscarriage, stillbirth, or life-threatening illness of a close family member.
Best Practice: Notify your employer as soon as possible and keep any supporting documents.
What should I do if my employer keeps denying my leave?
You should:
Review your contract, award, and workplace policies
Ask for written reasons for refusal
Seek legal advice immediately
Wrongful refusals can lead to:
Unfair dismissal claims
General protections claims
Compensation or reinstatement orders
If you need clarity, protection, or next steps, reach out for a confidential consultation with our employment lawyers.
