Do Casuals Get Sick Leave in Australia? Rights & Alternatives
Casual employees don't get paid sick leave in Australia — but that's not the whole story. Learn about unpaid carer's leave, community service leave, workers' compensation, and how to convert to permanent for sick leave access.
No paid sick leave — and what the 25% loading covers
Casual employees in Australia do not receive paid personal/carer's leave (commonly called sick leave). This is one of the core trade-offs of casual employment. Permanent full-time employees receive 10 days of paid personal/carer's leave per year, which accumulates from year to year with no cap. Part-time permanent employees receive a pro-rata amount. Casuals get none. The justification is the 25% casual loading. When the loading was designed, it was intended to compensate casuals for the entitlements they miss out on — annual leave, personal leave, notice of termination, and redundancy pay. In theory, the extra 25% per hour allows casuals to self-insure against sick days by saving the additional earnings. In practice, most casual workers spend the loading as part of their regular income, meaning a sick day results in zero pay. At $37.50 per hour for a casual versus $30.00 for a permanent employee, the casual earns $285 more per standard 38-hour week. Over a year, that is about $14,820 in additional loading — more than enough to cover 10 sick days ($2,280 at the permanent rate). But this only works if you save it.
Unpaid carer's leave: 2 days per occasion
While casuals do not get paid personal/carer's leave, they are entitled to 2 days of unpaid carer's leave per permissible occasion under the National Employment Standards. A permissible occasion is when a member of your immediate family or household requires care or support because of a personal illness, injury, or unexpected emergency. Immediate family includes your spouse, de facto partner, child, parent, grandparent, grandchild, or sibling — as well as the same relations of your spouse or de facto partner. The 2 days is per occasion, not per year, so you could potentially take unpaid carer's leave multiple times in a year for different occasions. You must give your employer notice as soon as practicable and, if requested, provide evidence such as a medical certificate or statutory declaration. Your employer cannot refuse a genuine request for unpaid carer's leave. While the leave is unpaid, the key protection is that your employer cannot dismiss you or take adverse action against you for taking it.
Community service leave and jury duty
All employees, including casuals, are entitled to unpaid community service leave for voluntary emergency management activities (such as volunteering with the SES, CFA, or RFS during a natural disaster) and for jury service. For jury service, permanent employees receive make-up pay (the difference between jury duty fees and their normal pay) for the first 10 days of jury selection and service. Casuals do not receive make-up pay, but they cannot be dismissed or disadvantaged for attending jury duty. Community service leave has no cap — you can take as much as is reasonable in the circumstances. If you are an SES volunteer called out during a major flood event, your employer cannot refuse the leave or penalise you for taking it. You must give notice as soon as practicable, including the expected duration of the absence. This is an area where casual employees sometimes face pressure from employers who do not understand the entitlement. If your employer threatens you for attending jury duty or emergency service, contact the Fair Work Ombudsman immediately.
Workers' compensation if you're injured at work
If you are injured at work or develop an illness because of your work, you are entitled to workers' compensation regardless of your employment type. Workers' compensation is a state and territory system, not a federal one, so the specific entitlements vary by jurisdiction. However, all schemes provide: payment of reasonable medical and rehabilitation expenses, weekly income replacement payments while you are unable to work, and lump sum compensation for permanent impairment. For casual employees, weekly compensation payments are typically calculated based on your average weekly earnings over a reference period (usually the preceding 12 months or the period of employment if shorter). This means that if you worked irregular hours, your compensation will reflect your actual average, not a theoretical full-time equivalent. In most states, workers' compensation weekly payments start at 95% of pre-injury average weekly earnings for the first 13-26 weeks. Your employer's workers' compensation insurance covers these costs — it is not paid from your casual loading. If you are injured at work, report it to your employer immediately, seek medical treatment, and lodge a claim with your employer's insurer.
Converting to permanent to access sick leave
If the lack of paid sick leave is a significant concern — and for many workers, particularly those with chronic health conditions or family caring responsibilities, it is — converting from casual to permanent employment is the most direct solution. Under the Fair Work Act's employee choice pathway, you can request conversion to permanent after 6 months with a non-small business employer or 12 months with a small business employer. To be eligible, your employment must no longer meet the definition of casual — meaning there must be a firm advance commitment to continuing and indefinite work according to an agreed pattern. If you have been working regular, predictable hours for at least 6 months, you likely qualify. When you convert, your hourly rate will drop by approximately the casual loading amount (typically 25%), but you gain paid personal/carer's leave (10 days per year, accumulating), paid annual leave (4 weeks per year), and other permanent entitlements. Your period of casual service counts toward your leave accrual start date in some circumstances. Use our Leave Entitlements Calculator to model exactly how much leave you would accrue as a permanent employee and what it would be worth financially.
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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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