10Continuous employment

10 Continuous employment

(1)  *[Section 10 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]*The continuous employment of an employee is not interrupted if the employee takes –

(a) any period of long service leave; or

(b) [Section 10 Subsection (1) amended by No. 49 of 2019, s. 7, Applied:18 Dec 2019] any period of recreation leave or personal leave; or

(c) any other period of approved leave of absence; or

(d) [Section 10 Subsection (1) amended by No. 54 of 2016, s. 64, Applied:31 Mar 2017] 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 Public Sector Superannuation Reform Act 2016 ; 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) [Section 10 Subsection (1) amended by No. 54 of 2016, s. 64, Applied:31 Mar 2017] 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 Public Sector Superannuation Reform Act 2016 .

(2)  [Section 10 Subsection (2) amended by No. 10 of 2003, s. 7, Applied:16 Apr 2003] 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