Long service leave for casual employees in New South Wales
NSW Industrial Relations says casual workers are entitled to long service leave after qualifying continuous service, and that school holidays forming part of a casual's regular pattern of work generally count as service. These rules come from its guide, webinar answers and website, and they give NSW Industrial Relations' preferred view rather than settled law.
- By Book Keeping Pros
- Sources checked 15 Oct 2026
The rules in New South Wales
| What it is | Value | When it applies | Where it is set |
|---|---|---|---|
| Casual workers are entitled to long service leave after qualifying continuous service | Yes | As published on 13 October 2026 | 33. Are casual workers entitled to long service leave? |
| School holidays that are part of a casual's regular pattern of work generally count as service | Yes | As published on 21 April 2026 | Casuals, question 11 |
| In NSW IR's view, casual service before 9 May 1985 counts towards long service leave | No | As published on 2 March 2026 | 4.1.2 Casual workers, note 2, page 10 |
| In NSW IR's view, a casual hourly rate can be loaded to make up for long service leave | No | As published on 2 March 2026 | 4.1.2 Casual workers, note 3, page 10 |
| Casual loading is part of ordinary pay for long service leave | Yes | As published on 21 April 2026 | Casuals, question 19 |
| How ordinary pay is worked out for workers with variable hours, like casuals | The higher of ordinary pay on the prescribed date and average weekly pay over the previous five years | As published on 13 October 2026 | 27. What type of ordinary pay applies? |
Each rule is read from the source and provision shown; the sources are listed below. Checked 15 Oct 2026.
What it means for your books
- Rosters kept from a casual's start date show their regular pattern of work, including any school holiday breaks that form part of it. That history is what links a break to the pattern NSW Industrial Relations has in mind when it says those breaks generally count as service.
- In NSW Industrial Relations' view, casual service before the date in the table does not count, so the books need the date a casual first started and the dates of any earlier engagements to separate service on each side of it.
- Pay records that show the base hourly rate and the casual loading as separate amounts let the loading be counted in ordinary pay, as NSW Industrial Relations' webinar answers say. In its view, a loaded hourly rate does not make up for long service leave, so the loading and the leave are recorded as separate things.
- For workers with variable hours, like casuals, ordinary pay is the higher of the measures the table sets out: ordinary pay on the prescribed date, or average weekly pay over the period it names. Weekly pay history for that whole period allows both to be compared; whether a particular casual is entitled, and to how much, is for NSW Industrial Relations or your accountant.
General information
Sources
- Long service leave
NSW Industrial Relations. Page modified 13 October 2026 (dcterms.modified metadata), released 13 October 2026. Checked 15 October 2026.
© State of New South Wales, licensed under CC BY 4.0 Licence: CC BY 4.0.
- Long service leave webinar, 4 March 2026: questions and answers
NSW Industrial Relations. Answers to the 4 March 2026 webinar, released 21 April 2026. Checked 15 October 2026.
© State of New South Wales, licensed under CC BY 4.0 Licence: CC BY 4.0.
- Long Service Leave Guide (NSW), March 2026
NSW Industrial Relations. First published March 2026, released 2 March 2026. Checked 15 October 2026.
© State of New South Wales 2026 Licence: All rights reserved, State of New South Wales.
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