I'm a casual employee. Am I entitled to any leave or notice of termination?

What the Law Says

The Fair Work Act 2009 (Cth) sets out the core entitlements for casual employees in Australia. Casuals are defined by their lack of firm advance commitment to ongoing work, and this status affects their access to leave and termination protections.

Under the Fair Work Act, casual employees do not accrue paid annual leave, personal/carer’s leave, or compassionate leave. They also do not have a statutory entitlement to notice of termination or redundancy pay — unlike permanent full-time or part-time employees.

However, a long-term casual employee (who has worked on a regular and systematic basis for at least 12 months and reasonably expects that work will continue) may be eligible to request conversion to permanent employment. If the employer refuses without reasonable grounds, the employee may have recourse under the Act.

Some modern awards and enterprise agreements provide additional rights — such as paid leave for long-term casuals — but these are not universal and depend on the specific instrument applying to the employee’s role.

Statutory Text

A person is a casual employee if the person is engaged on a casual basis and has no firm advance commitment from the employer to continuing and indefinite work according to an agreed pattern of work.

— Fair Work Act 2009 (Cth), s. 15A — Definition of casual employee

Statutory Text

A casual employee is not entitled to notice of termination… or redundancy pay.

— Fair Work Act 2009 (Cth), s. 123(1) — Notice and redundancy pay

Statutory Text

A casual employee does not accrue a right to paid annual leave… or paid personal/carer’s leave.

— Fair Work Act 2009 (Cth), s. 126(1) — Casual employees’ entitlements

What to Do

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