Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 62A

Meaning of continuous employment for casual and seasonal employees

62A. Meaning of continuous employment for casual and seasonal employees



(1) Without limiting section 62, the employment of an employee who is employed
by the same employer more than once over a period is to be regarded as
continuous if-

   (a)  there is no more than an absence of 3 months between each instance of
        employment in the period; or

   (b)  there is more than an absence of 3 months between two particular
        instances of employment, but the length of the absence is due to the
        terms of the engagement of the employee by the employer.

(2) Without limiting section 62, the employment of an employee who is employed
by the same employer more than once over a period is to be regarded as
continuous if the absences between instances of employment are due to the
seasonal nature of the employee's employment.

(3) Subsections (1) and (2) apply even if-

   (a)  any of the employment is not full-time; or

   (b)  the employee is employed by the employer under 2 or more employment
        agreements; or

   (c)  the employee has engaged in other employment during the period.