Businesses often employ workers on a casual basis for long periods of time. These employees are known as long term casuals. The same casual employment rights apply to long term casuals, however they also receive other additional entitlements as a result of their ongoing work.
What are Casual Employees?
A casual employee is an employee who accepts an offer for a job knowing that there is no firm commitment on how long they will be employed and the days and hours they will work.
For example, a casual employee might work on a roster that the employer changes weekly, and the employee can swap or refuse shifts.
What are Long Term Casual Employees?
A long term casual employee is a casual employee who has worked on a casual basis for a long period of time. Specifically, a long term casual employee has:
- Been employed by their employer as a casual employee on a regular and systematic basis over at least 12 months.
- They reasonably expect to continue being employed by the employer on a regular and systematic basis.
Entitlements for Long Term Casuals
Long term casuals have the same employment rights as any casual worker, including:
- 2 days unpaid carer’s leave.
- 2 days unpaid compassionate leave per occasion (such as bereavement).
- Unpaid community service leave (such as jury duty).
- 5 days unpaid family and domestic violence leave (in a 12-month period).
However, long term casuals have further entitlements as a result of working on a casual basis for a long period of time. These additional entitlements include:
- Ability to request flexible working arrangements.
- Unpaid parental leave.
- Ability to request a permanent contract.
- Paid long service leave (offered in certain states/territories).
What are Long Term Casuals not entitled to?
Casual employees do not receive paid days off, notice of termination or redundancy pay even if they are a long term casual.
Key Takeaways
Long term casuals are casual employees who have worked on a casual basis for a long period of time. Long term casuals have the same employment rights as any casual worker as well as additional entitlements as a result of their ongoing work. If you are a long term casual, it is critical that you are aware of these additional entitlements.
Should you require further legal advice please contact OpenLegal by filling in the form on this page or calling 1300 337 997.
Alana is a legal intern at OpenLegal whilst studying a Bachelor of Laws at Macquarie University. Alana’s key areas of interest include commercial law and property law.
Phil is a director at OpenLegal. He has over 16 years experience working in private practice and in-house counsel in Sydney and London, giving him expertise in employment law, IP, finance, leases, dispute resolution, insurance and contracts.
