Common use of Calculating Continuous Service Clause in Contracts

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. a. Periods that count towards Continuous Service (i) For the purposes an absence from work on any form of this clause service shall be deemed to be continuous notwithstanding: paid leave (1) the taking of any e.g. annual leave, personal leave, long service leave and paid parental 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. (3ii) 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; (4iii) any absence on account of illness or injury arising out of or in the course of the employment of the Employee for a period during which payment an Employee is made under the Accident Pay provisions of this Agreement receiving accident pay (see clause 90); (5iv) any unpaid leave of absence of the Employee, including unpaid Parental Leave, employee where the absence is authorised in advance in writing by the Employer to be counted as service; (6v) any absence from employment on defence service in accordance with section 8 of the Defence Reserve Service (Protection) ▇▇▇ ▇▇▇▇ (Cth); (vi) a period of absence on community service leave under the Act; (vii) in the case of unpaid absences not otherwise referenced in this subclause, subject to clause 67.9: (A) any unpaid leave that is authorised in advance in writing by the Employer to count as service; or (B) up to (but not including) [the commencement date of this Agreement], any unpaid absence from work of not more than fourteen days in any year on account of illness or injury; or (C) on and from [the commencement date of this Agreement]: (1) any period of unpaid leave taken on account of illness or injury; (2) a period of Parental Leave, including Parental Leave that is extended under clause 70.10 and 70.11; and (3) the first 52 weeks of any other type of unpaid leave not specifically referenced in this subclause 67.5a(vii); and (viii) periods of regular and systematic casual employment with an Employer, Statutory Body, Institution or the Australian Red Cross Blood Service (however titled) in Victoria, including prior service as an Other Casual Employee, save that if long service leave was already taken or paid in lieu in respect of any such period, no further benefit to long service leave will arise in respect of that period. b. Periods that do not break Continuous Service, but do not count towards Continuous Service Unless otherwise agreed in writing in advance between the Employer and Employee, the following periods do not break Continuous Service but do not count towards an employee's Continuous Service for the purpose of calculating the employee's long service leave entitlement: (i) any authorised period of unpaid leave not referred to in sub-clause 67.5a; (ii) subject to the requirements of the Act, any interruption arising directly or indirectly from an industrial dispute; (7iii) any period between the engagement with one Institution, Statutory Body or the Australian Red Cross Blood Service (however titled) and another provided it is less than the allowable period of absence from employment; (iv) the dismissal of an Employee employee if the Employee employee is re-employed by the same Employer within a period not exceeding two months from the date of such dismissal; (8) v) up to (but not including) the commencement date of this Agreement, 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.a period in which an Employee is receiving accident make up pay or other paid leave; and (10vi) any unpaid absence of from work for a period not more than 24 exceeding twelve 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 in respect of any Employee, any interruption pregnancy not covered by 67.5a(i) 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.67.5a(vii)