Calculating Continuous Service Clause Samples

Calculating Continuous Service i) For the purposes of this clause service shall be deemed to be continuous notwithstanding: (1) the taking of any annual leave, long service leave, or other paid leave approved in writing by the Employer and not covered by sub-clauses (2) or (4) below. (2) any absence from work of not more than fourteen days in any year on account of illness or injury or if applicable such longer period as provided in the Personal leave provisions of this Agreement. (3) any interruption or ending of the employment by the Employer if such interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave; (4) any absence on account of injury arising out of or in the course of the employment of the Employee for a period during which payment is made under the Accident Pay provisions of this Agreement ; (5) any unpaid leave of absence of the Employee, including unpaid Parental Leave, where the absence is authorised in advance in writing by the Employer to be counted as service; (6) any interruption arising directly or indirectly from an industrial dispute; (7) the dismissal of an Employee if the Employee is re-employed within a period not exceeding two months from the date of such dismissal; (8) any absence from work of a female Employee for a period not exceeding twelve months in respect of any pregnancy; (9) any other absence of an Employee by leave of the Employer, or on account of injury arising out of or in the course of her/his employment not covered by sub-clause (4) above. (10) any unpaid absence of not more than 24 months for the sole purpose of undertaking a course of study related to nursing where the written approval of the employer is given (11) any interruption arising directly or indirectly from an industrial dispute ii) In calculating the period of continuous service of any Employee, any interruption or absence of a kind mentioned in sub-clauses (1) to (5) shall be counted as part of the period of her/his service, but any interruption or absence of a kind mentioned in sub- clauses (6) to (11) shall not be counted as part of the period of service unless it is so authorised in writing by the Employer. iii) Every Employer shall keep or cause to be kept a long service leave record for each Employee, containing particulars of service, leave taken and payments made.

Calculating Continuous Service. (f) In calculating the period of continuous service of any Employee, any interruption or absence of a kind mentioned in sub-clauses (e)(i)-(v) shall be counted as part of the period of her/his service, but any interruption or absence of a kind mentioned in sub-clauses (e)(iv)-(xi) shall not be counted as part of the period of service unless it is so authorised in writing by the Employer. (g) The onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Employee concerned. A certificate in the following form shall constitute acceptable proof. Certificate of Service (Name of Institution) (Date) This is to certify that (Name of Employee) has been employed by this Institution/Society/Board for a period of (Years/Months/etc.) from (Dates) to Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination: Specify hereunder full details of Long Service Leave granted during service or on termination:

Calculating Continuous Service. (vi) In calculating the period of continuous service of any employee, any interruption or absence of a kind mentioned in clauses 24.2(b) (v)(A) to 24.2(b) (v)(F) shall be counted as part of the period of her/his service, but any interruption or absence of a kind mentioned in clauses 24.2(b) (v)(F)to 24.2(b) (v)(K)of the said clause shall not be counted as part of the period of service unless it is so authorised in writing by the employer. (vii) The onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the employee concerned. A certificate in the following form shall constitute acceptable proof. Certificate of Service (Name of Institution) (Date) This is to certify that (Name of Employee) has been employed by this Institution/Society/Board for a period of (Years/Months/etc.) from (Dates) to Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination: Specify hereunder full details of Long Service Leave granted during service or on termination:

Calculating Continuous Service a. Periods that count towards Continuous Service: i. the taking of any annual leave or long service leave; ii. any absence from work of not more than 14 days in any 1 year on account of illness or injury or if applicable such longer period as provided in the Personal Leave clause of this Agreement; iii. any interruption or ending of the employment by GenesisCare if the interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave; iv. any absence on account of injury arising out of or in the course of the employment of the Employee for a period during which payment is made under the Accident pay clause of this Agreement; v. any absence from employment on defence service in accordance with section 8 of the Defence Reserve Service (Protection) Act 2001 (Cth) (which does not form part of this Agreement); vi. the taking of any Company-paid parental leave as provided for under subclause 37.2.a, 37.2.b or 37.4; vii. any absence from work (following the Commencement Date) for no longer than 40 weeks (in total) due to unpaid parental leave (irrespective of the number of times an Employee accesses parental leave in accordance with clause 37); and

Calculating Continuous Service. (a) Service With More Than One Employer (i) The continuous service of an Employee with an Institution or Statutory Body will include service for which long service leave or payment in lieu has not been received from one or more Institutions or Statutory Bodies, save that: A. when calculating the aggregate of continuous service, any period of employment with an Institution or Statutory Body of less than six months will be disregarded; and B. the onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement will at all times rest upon the Employee concerned. A Certificate of Service in accordance with Appendix 6 or a similar form will constitute acceptable proof. An Employer will provide an Employee whose employment is ending a Certificate of Service in accordance with Appendix 6 upon request. C. Upon request by an Employee who is entitled to Long Service Leave in accordance with this clause 72, an Employer must provide to the Employee a Certificate of Service in accordance with Appendix 6 or a similar form if the Employee continues to be employed as a casual Employee by the Employer. Service an Employee had with an Employer that counts as service for the purposes of the long service leave entitlement in this clause 72 will not count as service with that Employer for the purposes of the Employee’s casual long service leave entitlement in subclause 20. Example 1: An Employee resigns after 10 years’ service with Employer A. The Employee elects under subclause 72.8 to not receive payment in lieu of the 4 months Long Service Leave (LSL) that has accrued. Within the allowable period (as defined above), the Employee commences employment with Employer B and provides a certificate of service to Employer B indicating they have 10 years service. After 5 years service with Employer B, the Employee wishes to take LSL. As the Employee has 15 years service with Employer B for the purposes of LSL (10 years of which is service that was accrued with Employer A) the Employee is entitled to ▇▇▇▇ ▇ months LSL. Example 2: An Employee resigns after 7 years’ part-time service with Employer

Calculating Continuous Service