Continuously employed/continuous service

Continuous service is the length of time you have worked for an employer. This is relevant to certain rights and entitlements. For example, you need to have been continuously employed for 12 months to be eligible for parental leave.

The way that your length of continuous service is worked out can be different depending on which right or entitlement you are wishing to enforce. However, in most circumstances, the following principles will apply:

• paid time off, including sick leave, carer’s leave, annual leave and long service leave WILL count towards your period of continuous service;
• authorised unpaid absences will NOT count towards your period of continuous service but will not break continuity of service;
• unauthorised absences may BREAK your continuity of service; and
• resigning from your employment or being fired will BREAK your continuity of service. This means that if you are re-employed by the same employer at a later time, your period of continuous service will begin again.

If there was a transfer of business during your employment then your continuity of service may have been broken, or it may have continued, depending on the way the transfer occurred. If you have questions in relation to a transfer of business, you may wish to seek legal advice.