Sick Leave for Casual Workers in Australia — What You're Actually Entitled To
Casual employees don't get paid sick leave in Australia, but you do have some rights. Here's what you're actually entitled to and what your options are.
The short answer — no paid sick leave for casuals
Under the National Employment Standards, casual employees are not entitled to paid personal/carer's leave (commonly called sick leave). Full-time employees receive 10 days of paid personal/carer's leave per year, and part-time employees receive this on a pro-rata basis. Casuals receive neither. This is by design — the 25% casual loading that casuals receive on top of the base hourly rate is intended to compensate for the absence of paid leave entitlements, including sick leave, annual leave, and redundancy pay. When you see the higher hourly rate on your payslip as a casual, part of that premium is effectively your 'sick leave' payment upfront.
Unpaid carer's leave — your one entitlement
While casuals don't get paid sick leave, they ARE entitled to 2 days of unpaid carer's leave per occasion. This applies when you need to care for a member of your immediate family or household who is ill, injured, or faces an unexpected emergency. 'Per occasion' means per illness or incident — not per year. So if your child is sick multiple times throughout the year, you get 2 days of unpaid leave for each separate illness. To access this, you need to notify your employer as soon as practicable and provide evidence if requested (a medical certificate or statutory declaration). Your employer cannot penalise you for taking unpaid carer's leave.
What about the Victorian Sick Pay Guarantee?
Victoria's Sick Pay Guarantee pilot scheme, which provided up to 38 hours of paid sick leave per year for eligible casual and contract workers in certain industries, ended on 30 June 2024. If you were registered under this scheme, it no longer provides benefits. There are currently no equivalent state-level paid sick leave schemes for casuals operating in any Australian state or territory. Advocacy groups and unions continue to campaign for paid sick leave for casuals, but as of 2025-26, the NES position remains unchanged — casuals do not receive paid personal leave.
Can you convert to permanent to get sick leave?
Yes — and this is the most practical path to paid sick leave. Under the NES casual conversion provisions (effective from 26 August 2024 onwards), your employer must offer you conversion to permanent employment if you've been employed for 12 months and have worked a regular pattern of hours for at least the last 6 months. For small businesses, you can request conversion after 12 months. Once converted to permanent (part-time or full-time), you become entitled to paid personal/carer's leave, accruing from your conversion date. You can decline the conversion offer if you prefer to remain casual. Note that converting to permanent means you lose the 25% casual loading — but you gain paid leave, notice period entitlements, and redundancy pay.
What to do if you're told 'just don't come in'
Some employers informally tell sick casual employees to 'just not come in' without offering any formal leave arrangement. While this might seem flexible, be aware: if your employer penalises you for being sick (by reducing your shifts, changing your roster unfavourably, or terminating your employment), this could constitute adverse action under the General Protections provisions of the Fair Work Act. Being absent due to illness or injury is a protected workplace right under s.352. If you notice your shifts decreasing or your roster changing negatively after a period of illness, document the pattern and contact the Fair Work Ombudsman.
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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