Long Service Leave for Casual Employees
It is important to understand that even casual employees can accrue and be entitled to long service leave.
However, there are a number of provisions that can affect their entitlement.
Firstly, as with full-time employees, they have to have ten years of continuous service. Obviously, a casual may work some weeks and not others, they may work some months but not others particularly with the seasonal nature of agriculture.
Continuity of employment is not broken by short term absence where the absence is due to a shortage of work. If a casual employee resigns because there is a shortage of work, if they are re-employed within three months the three month absence doesn’t break the continuity of employment, but doesn’t count towards the accrual of ten years’ service.
If the employer stands down an employee for a period not exceeding six months on account of a shortage of work, and the employee is re-employed within that six months the six month absence doesn’t break the continuity of employment, but doesn’t count towards the accrual of ten years’ service.
Secondly, the casual employee must work for at least 32 hours in each four week period for that four week period to count towards the ten years of service. If they only work say 20 hours, that four week period does not count towards the ten years of service, but doesn’t break the continuity of employment.
As such, a casual employee may be employed for 10 years and 8 months before they actually have the equivalent of ten years service.
As with all leave it is essential that records are kept of not only the actual start date of employment, but the hours worked, and breaks from employment, and the reason for the break.