Document ID: chunk:federal_register_of_legislation:C2024C00635:section:39a:p2
Version: federal_register_of_legislation:C2024C00635
Segment Type: section
Provision Reference: s 39A (pt 2/2)
Character Range: 35066–36747

(3) applies in relation to that employee for the next week after the relevant week;
then, for the purposes of subsection (2), that employee is taken to have been an eligible employee for the whole of the relevant week in the capacity of a casual employee.
Note: The effect of this subsection is that the relevant week will be a period of qualifying service for that employee.
 (3B) If:
 (a) subsection (3) applies in relation to a casual employee for a week beginning in a quarter; and
 (b) apart from this subsection, there are one or more later weeks beginning in that quarter that are not a period of qualifying service for that employee;
then, for the purposes of subsection (2), rules made under subsection (3C) may set out the circumstances in which that employee is taken to have been an eligible employee for the whole of one or more of those later weeks in the capacity of a casual employee.
Note: The effect of this subsection is that, if any rules are made, the one or more of those later weeks will be periods of qualifying service for that employee.
 (3C) The Minister may, by legislative instrument, make rules for the purposes of subsection (3B).

Effect of break period once entitled to long service leave
 (4) If:
 (a) an employee ceases to be an eligible employee for a continuous period of 8 years or more; and
 (b) at the time of so ceasing, the employee is entitled to long service leave under subsection (1) in respect of a period, or periods, of qualifying service (the employee's previous qualifying service); and
 (c) the employee becomes an eligible employee again;
paragraph (2)(c) does not apply in respect of the employee's previous qualifying service.