Casual Employees and Long Service Leave

Can Casual Employees Receive LSL?

This is one of the most common questions in LSL compliance. The answer depends on several factors.

The General Rule

In most Australian states, casual employees CAN be entitled to LSL if they meet the continuous service requirements. The key factor is whether there is regular and systematic engagement.

What Counts as Continuous Service?

For casuals, continuous service typically requires:

Regular pattern of work

Reasonable expectation of ongoing work

No significant breaks in engagement

State Variations

Victoria

Casual employees with regular and systematic engagement may qualify after 7 years.

NSW

Casuals can qualify if engaged on a regular and systematic basis.

Queensland

Similar provisions for regular casuals.

Calculating Casual LSL

When a casual qualifies for LSL, the calculation may differ:

Based on average hours over the qualifying period

May use average earnings rather than standard rate

Casual loading is typically excluded

Key Questions to Ask

Has the casual worked regularly and systematically?

Is there a reasonable expectation of ongoing engagement?

Have there been significant breaks?

What has been the average hours worked?

Documentation Tips

For casual employees who may be approaching eligibility:

Maintain detailed rostering records

Track average hours worked

Document any breaks in engagement

Record reasons for variations in hours