Common use of Broken Service Clause in Contracts

Broken Service. 18.5.1. Where an employee breaks his/her continuity of service by an absence from work for any reason other than a reason set out in 18.4.1.1, 18.4.1.2 and 18.4.1.3, the amount of leave to which he/she would have been entitled under 18.1, shall be reduced by 1/48th for each week or part thereof during which any such absence occurs and the amount of payment in lieu of leave to which he/she would have been entitled under 18.12, shall be reduced by one-twelfth of a week's pay for each week or part thereof during which any such absence occurs. 18.5.2. Provided, however, that no reduction shall be made in respect of any absence unless the employer informs the employee in writing of his/her intention so to do within fourteen days of the termination of the absence. 18.5.3. In calculating the period of twelve months continuous service the following absences shall be taken into account and counted as time worked: < up to 152 ordinary hours in a twelve monthly period in the case of sickness or accident; < long service leave actually taken by an employee; < injury received during the course of employment and up to a maximum of 26 weeks for which he/she received workers' compensation. 18.5.4. Other absences from work shall not be taken into account and shall not count as time worked in calculating the period of twelve months continuous service. 18.5.5. Provided that for the purpose of this clause in calculating continuous service for periods of less than twelve months such absences due to sickness or accident shall be taken and counted as time worked on a pro rata basis of 152 ordinary working hours for twelve months service.

Broken Service. 18.5.1. Where an employee breaks his/her continuity of service by an absence from work for any reason other than a reason set out in 18.4.1.1, 18.4.1.2 and 18.4.1.3, the amount of leave to which he/she would have been entitled under 18.1, shall be reduced by 1/48th for each week or part thereof during which any such absence occurs and the amount of payment in lieu of leave to which he/she would have been entitled under 18.12, shall be reduced by one-twelfth of a week's pay for each week or part thereof during which any such absence occurs. 18.5.2. Provided, however, that no reduction shall be made in respect of any absence unless the employer informs the employee in writing of his/her intention so to do within fourteen days of the termination of the absence. 18.5.3. In calculating the period of twelve months continuous service the following absences shall be taken into account and counted as time worked: < □ up to 152 ordinary hours in a twelve monthly period in the case of sickness or accident; < □ long service leave actually taken by an employee; < □ injury received during the course of employment and up to a maximum of 26 weeks for which he/she received workers' compensation. 18.5.4. Other absences from work shall not be taken into account and shall not count as time worked in calculating the period of twelve months continuous service. 18.5.5. Provided that for the purpose of this clause in calculating continuous service for periods of less than twelve months such absences due to sickness or accident shall be taken and counted as time worked on a pro rata basis of 152 ordinary working hours for twelve months service.

Broken Service. 18.5.1. 17.5.1 Where an employee breaks his/her continuity of service by an absence from work for any reason other than a reason set out in 18.4.1.117.4.1(a), 18.4.1.2 17.4.1(b) and 18.4.1.317.4.1(c), the amount of leave to which he/she would have been entitled under 18.117.1, shall be reduced by 1/48th for each week or part thereof during which any such absence occurs and the amount of payment in lieu of leave to which he/she would have been entitled under 18.1217.12, shall be reduced by one-twelfth of a week's pay for each week or part thereof during which any such absence occurs. 18.5.2. 17.5.2 Provided, however, that no reduction shall be made in respect of any absence unless the employer company informs the employee in writing of his/her intention so to do within fourteen days of the termination of the absence. 18.5.3. 17.5.3 In calculating the period of twelve months continuous service the following absences shall be taken into account and counted as time worked: < up to 152 ordinary hours in a twelve monthly period in the case of sickness or accident; < long service leave actually taken by an employee; < injury received during the course of employment and up to a maximum of 26 weeks for which he/she received workers' compensation.: 18.5.4. 17.5.4 Other absences from work shall not be taken into account and shall not count as time worked in calculating the period of twelve months continuous service. 18.5.5. 17.5.5 Provided that for the purpose of this clause in calculating continuous service for periods of less than twelve months such absences due to sickness or accident shall be taken and counted as time worked on a pro rata basis of 152 144 ordinary working hours for twelve months service.