Victorian Numbered Acts

LONG SERVICE LEAVE ACT 2018 (NO. 12 OF 2018) - SECT 13

    (1)     The following periods of absence from work referred to in section 12 are taken to be periods of employment when calculating the length of an employee's period of continuous employment—

        (a)     a period of paid leave;

        (b)     if a period of unpaid leave is less than or is 52 weeks, that period;

        (c)     if a period of unpaid leave is more than 52 weeks, the initial 52 weeks;

        (d)     if a period of unpaid leave is more than 52 weeks, the entire period of unpaid leave if—

              (i)     the period of absence is taken to be a period of employment in accordance with the relevant employment agreement; or

              (ii)     the employer and the employee agreed in writing before the leave was taken that the period is taken to be a period of employment; or

              (iii)     the leave is taken on account of illness or injury or is any other form of leave provided for under the relevant employment agreement;

        (e)     a period of absence arising from—

              (i)     an interruption to, or termination of, employment caused by the employer with the intention of avoiding an obligation in relation to long service leave; or

              (ii)     the transfer of assets from one employer to another if the employee usually performs duties which are connected with those assets.

    (2)     If an employee enters into a contract of employment with an employer within 52 weeks after completing an apprenticeship with the employer, the period of apprenticeship is taken to be a period of employment when calculating the length of the employee's period of continuous employment.