Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 63

Whether interruptions are to be included in the period of employment

63. Whether interruptions are to be included in the period of employment



(1) The absences from work referred to in section 62(2)(a), (d) and (e) are to
be counted as part of the period of an employee's employment.

(2) Any absence from work of not more than 48 weeks in any year on account of
illness or injury is to be counted as part of the period of an employee's
employment, but any absence for that reason in excess of that period is not to
be counted.

(3) Any absence from work referred to in section 62(2)(c) is to be counted as
part of the period of an employee's employment unless-

   (a)  on it being approved, it was agreed in writing between the employee
        and the employer (at the request of the employee) that it not be
        counted; or

   (b)  it is unpaid adoption, maternity or paternity leave.

(4) The absences from work referred to in section 62(2)(f), (g) and (h) are
not to be counted as part of the period of an employee's employment.

(5) In computing long service leave under this Division, any long service
leave (or payment in lieu of long service leave) granted to an employee in
respect of any period of employment which is under this section, or under
section 61 or 62, to be taken into account in computing the employee's
entitlement to long service leave under this Division is to be taken into
account and regarded as having been leave taken under this Division.