Tasmanian Consolidated Acts

LONG SERVICE LEAVE (STATE EMPLOYEES) ACT 1994 - SECT 11

      (1) The length of employment of an employee includes employment as a full-time employee, part-time employee or both as a full-time employee and a part-time employee whether that employment occurred before or after the commencement of this Act.

      (2) The length of employment of an employee includes –

(a) any period of recreation leave or long service leave taken by the employee; and

(b) any period of sick leave, with or without pay, taken by the employee because of illness or injury which is not caused by misconduct on the part of the employee; and

(c) any period of approved leave of absence taken by the employee for the purpose of serving as a member of any of Australia's defence forces or on a jury; and

(d) any period of paid sick leave not exceeding 61 days taken by the employee because of pregnancy and childbirth; and

(e) any prescribed holidays to which the employee is entitled; and

(f) any period during which the employee is the holder of a Government scholarship; and

(g) any period of paid leave taken by the employee on account of special circumstances; and

(h) any period of paid leave taken by the employee on account of bereavement; and

(i) any period of approved leave, other than sick leave, taken by the employee without pay for an aggregate period not exceeding 20 days in each year.

      (3) The length of employment of an employee does not include any period of –

(a) .  .  .  .  .  .  .  .  

(b) absence from duty if, during that absence, the employee is in receipt of a pension under the Retirement Benefits Act 1993; or

(c) absence from duty where the employee –

(i) is made redundant or stood down; or

(ii) ceases employment because of ill-health and is not entitled to a pension under the Retirement Benefits Act 1993; or

(d) approved leave of absence, other than sick leave without pay, taken by the employee without pay for an aggregate period exceeding 20 days in a year of employment under any Act or industrial award.

      (4) This section applies for the purposes of calculating –

(a) the entitlement of long service leave under section 7; and

(b) the period of long service leave to which an employee is entitled to be credited under section 12.

      (5) The amendment of subsection (3) made by the Long Service Leave (State Employees) Amendment Act 2003 is taken to have commenced on 1 May 2001.