Some employers think that casual employees are not entitled to annual leave. However, this is not correct.
In terms of the Basic Conditions of Employment Act 1997, all employees are entitled to annual leave irrespective of their job description and whether they are permanently employed or not. A casual worker is regarded as an employee who works per roster when required by the employer.
A casual employee is entitled to one day leave for every 17 days worked, alternatively calculated 1 hour for every 17 hours worked by the employee. The calculation is determined by section 20(2) of the Basic Conditions of Employment Act (“BCEA”).
It is therefore essential that an attendance register, and record of time worked are signed by both parties to ensure that the calculation of annual leave due does not lead to a dispute. The practicalities regarding when annual leave can be taken and how it accumulates must be agreed upon between employer and employee in the Employment Contract. Therefore, in summary, casual employees are entitled to annual leave.
Resources:
- Basic Conditions of Employment Act 1997 (sections 20 and 21)
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