Can Casual Employees Take Carer's Leave?

Yes. Casual employees in Australia can generally take up to 2 days of unpaid carer's leave on each permissible occasion under the National Employment Standards. The leave is available when an immediate family or household member needs the employee's care or support because of illness, injury or an unexpected emergency.

The entitlement is unpaid because casual employees generally do not accrue paid personal/carer's leave. It is still a recognised leave entitlement, not simply an informal request to miss a shift. Notice and evidence obligations can apply, and the employee should tell the employer as soon as practicable.

“Per occasion” is important. The 2 days relate to each event requiring care or support, not one two-day allowance for an entire year. The leave can be taken as one continuous period or in separate periods agreed with the employer.

This page focuses on casual carer's leave. For evidence documents and the broader rules, read Carer's Leave Certificate in Australia and Medical Certificates for Casual Employees.

This is general workplace and health information, not legal advice about a particular roster or family situation. Awards, enterprise agreements, contracts and workplace policies may add terms. Any medical certificate is subject to clinical assessment, is not guaranteed and cannot be backdated through Dociva.

Key Points

• Casual employees are generally entitled to 2 days unpaid carer's leave per permissible occasion.
• The person needing care must be an immediate family or household member.
• The need must arise from illness, injury or an unexpected emergency.
• The leave is unpaid under the National Employment Standards.
• Each qualifying occasion is considered separately; it is not a yearly two-day pool.
• The leave can be taken continuously or in separate periods agreed with the employer.
• The employee must give notice as soon as practicable and state the expected period.
• An employer can ask for evidence that would satisfy a reasonable person.
• A certificate does not need to disclose unnecessary details about the person receiving care.

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What Fair Work Provides for Casual Carers

The Fair Work Ombudsman's unpaid carer's leave guidance says all employees, including casual employees, can take unpaid carer's leave. Full-time and part-time employees use it only when they have no paid sick and carer's leave left, while casuals do not have a paid balance under the National Employment Standards.

The Fair Work casual employee page also lists 2 days unpaid carer's leave per occasion among casual minimum entitlements.

A workplace can provide a more generous benefit, such as paid carer's leave, but that would come from an award, agreement, contract or policy rather than the ordinary casual National Employment Standards entitlement.

What Is a Permissible Occasion?

A permissible occasion occurs when an immediate family or household member requires care or support because of personal illness, personal injury or an unexpected emergency. The event and the need for the employee's care both matter.

Examples could include caring for a child with an acute illness, supporting a partner after an injury, staying with a household member during an unexpected medical event or organising urgent care for a parent. Routine convenience or a planned non-urgent commitment does not automatically meet the test.

The entitlement is not restricted to emergencies; illness or injury can qualify even when it is not sudden. “Unexpected emergency” is an additional category for events requiring care or support.

Who Counts as Immediate Family?

Fair Work's definition includes a spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild or sibling. It also includes those relationships through the employee's spouse or de facto partner. Step-relations and adoptive relations are included.

A household member is someone who lives with the employee, even if they are not a relative. This can cover a housemate where the statutory circumstances and genuine need for care or support are present.

The relationship and care details should be explained accurately. For family-specific examples, see who counts as immediate family or household.

How the Two Days Can Be Taken

The National Employment Standards provide 2 days per occasion. They may be taken as one continuous period, such as two consecutive rostered days, or in separate periods if the employee and employer agree. Another agreed arrangement can also be made.

The entitlement relates to the time needed for care, up to the available period. It is not automatically two full calendar days when only a shorter absence is needed. Rostered hours and the actual event affect how leave is recorded.

If care is needed beyond two days, discuss annual leave if any separate entitlement exists, other unpaid leave, flexible arrangements or a workplace-specific benefit. Additional leave is not automatically approved merely because the caring need continues.

What Counts as a New Occasion?

“Per occasion” does not mean every rostered shift automatically creates another two-day entitlement. A continuing period of care for the same illness or emergency may remain one occasion. A genuinely separate illness, injury or unexpected emergency can be another occasion, even when it affects the same family member.

The boundary can depend on the facts. For example, recovery from one injury over several days may be one continuing occasion, while a later unrelated illness may be separate. Employees should describe dates and events accurately rather than attempting to divide one episode into artificial blocks.

If the employee and employer disagree, keep clinical and notice records and seek guidance from Fair Work, a union or a workplace adviser. A practitioner can provide evidence about health and care needs but does not make the legal determination about how many occasions occurred.

Notice Requirements

Tell the employer as soon as practicable that carer's leave is being taken. Notice can occur after leave begins when earlier notice is not reasonably possible, but employees should not delay without a reason. State the period or expected period away.

Use the required workplace channel and clearly describe the absence as carer's leave rather than the employee's own sickness. This helps the employer apply the correct entitlement and evidence process.

The Fair Work notice and evidence guidance explains that failure to give required notice and evidence can affect entitlement to the leave.

What Evidence Can an Employer Request?

An employer can ask for evidence that would convince a reasonable person the leave was taken for a qualifying caring reason. A medical certificate or statutory declaration can be evidence, but there is no single document mandated for every situation.

Evidence may need to show that care or support was required and identify the relevant period. An award or registered agreement may set additional requirements, and the type requested must remain reasonable in the circumstances.

The focused guide what evidence an employer can request for carer's leave compares certificates, declarations and emergency documents.

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Privacy of the Person Receiving Care

The health information may belong to a child, partner, parent or housemate rather than the employee. Evidence should contain enough information to support the leave without automatically revealing a detailed diagnosis, medicines or complete clinical record.

The employee should tell the practitioner the document is for carer's leave, not ask for a sick certificate saying the employee was personally unfit. Appropriate wording can focus on the need for care or support and relevant dates.

Employers should store health evidence securely and limit access. If extensive details are requested, ask why they are necessary and seek workplace or privacy advice if concerned.

Carer's Leave vs a Casual's Own Illness

Unpaid carer's leave cannot be used simply because the casual employee is sick. The qualifying event concerns an immediate family or household member who needs care or support. A casual's own illness is a separate absence and generally does not attract paid personal leave.

The distinction should not be blurred to obtain a statutory leave category. Accurate reporting protects the employment record and helps the practitioner produce the right evidence.

For the employee's own illness and pay position, read Do Casual Employees Get Paid Sick Leave?.

Examples of How the Rule May Apply

A sick child: A casual employee's child develops fever and cannot attend childcare. The employee may take unpaid carer's leave to provide care, subject to notice and evidence requirements.

A planned appointment: A parent has a routine appointment arranged weeks ahead. Carer's leave is not automatic merely because transport would be helpful; the question is whether care or support is required because of illness or injury. Discuss the facts and alternatives with the employer.

An unexpected emergency: A household member is injured and needs immediate assistance. The casual may notify the employer as soon as practicable and provide reasonable evidence if requested.

Ongoing care: A partner needs support for longer than two days. The casual can use the statutory two days for the occasion and discuss additional unpaid leave or another agreed arrangement.

Practical Steps for Casual Employees

1. Make sure the person is safe and arrange urgent care when needed.
2. Notify the correct manager as soon as practicable.
3. State that you need carer's leave and give the expected duration.
4. Ask what evidence the policy requires and when it is due.
5. Seek a timely assessment if a clinical certificate is appropriate.
6. Give the practitioner accurate relationship, care reason and dates.
7. Submit evidence securely without disclosing extra clinical detail.
8. Keep copies of the roster, notice and evidence.

The article carer's leave for a child's medical appointment examines when an appointment involves a qualifying care need.

Can a Certificate Be Assessed Online?

Telehealth may be appropriate in some cases when the practitioner has enough information about the person needing care, the employee's role as carer and the relevant period. The practitioner may need to speak with or assess the patient whose health issue creates the caring need, subject to consent and circumstances.

The Medical Board of Australia's telehealth guidance requires safe, appropriate care and proper records. A certificate is not automatic; in-person or urgent assessment may be recommended.

If the person needing care has severe breathing difficulty, signs of stroke, major injury, heavy bleeding, reduced consciousness or another emergency, call 000. Evidence can be addressed after immediate safety needs.

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Using Dociva

Dociva's currently available certificate products include online carer's-leave requests. An Australian registered medical practitioner considers the genuine caring situation, relevant dates and available clinical information before deciding whether a certificate can be supported.

Dociva does not guarantee a certificate or employer acceptance, and it does not decide whether an employee satisfies every workplace requirement. Certificates are not backdated.

Review carer's leave certificate information for the current pathway. Use urgent or in-person care whenever the family or household member's condition requires it.

Frequently Asked Questions (FAQs)