Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The continuous employment of an employee is not interrupted if the employee takes –
(a) any period of long service leave; or
(b) any period of recreation leave or sick leave; or
(c) any other period of approved leave of absence; or
(d) any period of absence of up to 3 years from duty so long as during that absence the employee is in receipt of a pension under the Retirement Benefits Act 1993; or
(e) any period of absence of up to 12 months from duty arising from redundancy or standing down so long as the employee is re-employed within that 12 months after being made redundant or stood down; or
(f) any period of absence of up to 12 months from duty because of ill-health so long as the employee is re-employed within that 12 months after ceasing employment and is not entitled to a pension under the Retirement Benefits Act 1993.
(2) The continuous employment of an employee is not interrupted if the employee is appointed or transferred to another position as an employee so long as the employee commences duty in that position within a period of 3 months after being so appointed or transferred.
(3) The continuous employment of an employee is interrupted if –
(a) the employee resigns or retires and is re-employed 3 months or more after resigning or retiring; or
(b) a period of 3 months or more occurs between periods of employment of that person.
(4) The continuous employment of an employee ceases on the day on which the employee is dismissed, resigns or retires.
(5) A period of continuous employment of an employee includes any rostered day off taken by, or due to, the employee.
(6) Subsection (4) as substituted by the Long Service Leave (State Employees) Amendment Act 2003 is taken to have commenced on 1 May 2001.