11Calculation of period of continuous employment

11 Calculation of period of continuous employment

(1)  [Section 11 Subsection (1) amended by No. 49 of 2019, s. 8, Applied:18 Dec 2019] The calculation of a period of continuous 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)  [Section 11 Subsection (2) amended by No. 49 of 2019, s. 8, Applied:18 Dec 2019] The calculation of a period of continuous employment of an employee is to include each of the following, if taken or occurring while he or she is an employee:

(a) [Section 11 Subsection (2) amended by No. 49 of 2019, s. 8, Applied:18 Dec 2019] any period of recreation leave or long service leave taken by the employee;

(b) [Section 11 Subsection (2) amended by No. 49 of 2019, s. 8, Applied:18 Dec 2019] [Section 11 Subsection (2) amended by No. 49 of 2019, s. 8, Applied:18 Dec 2019] [Section 11 Subsection (2) amended by No. 49 of 2019, s. 8, Applied:18 Dec 2019] any period of personal leave, with or without pay, taken by the employee because of illness or injury of the employee which is not caused by misconduct on the part of the employee;

(c) [Section 11 Subsection (2) amended by No. 49 of 2019, s. 8, Applied:18 Dec 2019] 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;

(d) [Section 11 Subsection (2) amended by No. 49 of 2019, s. 8, Applied:18 Dec 2019] any period of paid maternity leave, not exceeding 70 days, to which the employee is entitled in accordance with the terms of the employee’s employment;

(da) any period of paid adoption leave, not exceeding 70 days, to which the employee is entitled, in accordance with the terms of the employee’s employment, as the proposed primary care giver of the child in respect of whom the leave is taken;