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paternityleave

Casual employees

Casual? You can still get paternity leave

Two different things, two different tests. Most casual dads qualify for the government pay, and many qualify for the unpaid leave too.

The short answer

Casuals get 12 months unpaid leave after 12 months of regular, systematic work with the same employer. Parental Leave Pay has its own work test, and casual hours count.

Unpaid leave: the Fair Work test

Under the Fair Work Act a casual employee can take unpaid parental leave if both of these are true:

  • You have worked for your employer on a regular and systematic basis for at least 12 months.
  • You would have had a reasonable expectation of keeping that regular work, if not for the birth or adoption.

Meet both and you get the same as a permanent employee: up to 12 months, up to 130 of it as single flexible days, and the right to return to your job.

Parental Leave Pay: the work test

The government payment does not care whether you are casual, part time or full time. It looks at whether you worked enough before the birth:

  • Worked in 10 of the 13 months before the birth or adoption.
  • At least 330 hours in those 10 months, about a day a week.
  • No gap of more than 12 weeks between work days.

Hours from different jobs and employers add up. So a casual with irregular shifts who fails the Fair Work test can still get every Parental Leave Pay day. Run the checker and choose casual.

Verified 26 September 2026. This is general information based on published government rules, not legal advice. Your enterprise agreement or contract may give you more.