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A common belief by employers, and employees, is that Casual Employees (see definition HERE) are not entitled to Sick Leave as they ‘ do not work 6 months continuously’.  This in fact is not the case as stated HERE by the Department of Labour.

Under the Holidays Act 2003 all employees are entitled to a minimum of five days paid sick leave a year after the first six months of continuous employment and an additional five days paid sick leave after each subsequent 12 month period.

The Holidays Act also provides sick leave entitlements after six months to employees whose employment is not continuous (including casual employees) if, during those six months, they have worked:

1. An average of at least 10 hours per week, and

2. At least one hour per week or 40 hours per month.

So as you can see, casual employees are entitled to the same 5 days sick leave per year as other employees provided they meet both of the above conditions.

The actual number of hours paid is based on the number of hours the employee would have worked (rostered hours) on the day they were sick.

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