Victorian Consolidated Regulations

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WATER (GENERAL) REGULATIONS 2021 - REG 22

Computing period of service—service not to be included

    (1)     In computing the period of service in respect of which an employee of the water corporation is entitled to be granted long service leave or pay instead of that leave, the water corporation must not include—

        (a)     any period of service from which the employee was dismissed for disciplinary reasons; or

        (b)     any period during which the employee's service was interrupted or the employee was absent from work in any of the following circumstances—

              (i)     any interruption in the employee's service arising directly or indirectly from an industrial dispute;

              (ii)     the standing down of the employee when no work is available; or

        (c)     any period of service that preceded a continuous gap in service of greater than 12 months other than—

              (i)     an absence of 3 years or less in the nature of retirement occasioned by disability; or

              (ii)     an absence of 2 years or less which in the opinion of the employer was caused by special circumstances; or

        (d)     any period during which the employee was absent from duty on maternity, paternity, partner or adoption leave without pay; or

        (e)     except to the extent (if any) authorised by the employer, any other period during which the employee was absent on leave without pay; or

        (f)     any period during which the employee was absent from duty and in receipt of weekly payments of compensation under the Accident Compensation Act 1985 or any corresponding previous enactment or the Workplace Injury Rehabilitation and Compensation Act 2013 , other than the first 12 months of that period; or

        (g)     any period that followed the date on which a pension (other than a temporary pension) became payable to the employee by reason of retirement on the ground of disability; or

        (h)     any period that followed the first 12 months after the date on which a temporary pension became payable to the employee by reason of retirement on the ground of disability.

    (2)     The entitlement of an employee to long service leave or pay instead of that leave is not affected by any interruption or absence described in subregulation (1)(b), (d), (e) or (f), except to the extent that the period of interruption or absence is not included for the purposes of the computation of the period of service.



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