Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_94b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 94B
Character Range: 199544–201113

94B  Meaning of eligible casual employee

 (1) For the purposes of this Division, an eligible casual employee is a casual employee:
 (a) who has been engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months; and
 (b) who, but for an expected birth or an expected placement of a child, would have a reasonable expectation of continuing engagement by the employer on a regular and systematic basis.

 (2) Without limiting subsection (1), for the purposes of this Division, a casual employee is also an eligible casual employee if:
 (a) the employee was engaged by a particular employer on a regular and systematic basis for a sequence of periods during a period (the first period of employment) of less than 12 months; and
 (b) at the end of the first period of employment, the employee ceased, on the employer's initiative, to be so engaged by the employer; and
 (c) the employer later again engaged the employee on a regular and systematic basis for a further sequence of periods during a period (the second period of employment) that started not more than 3 months after the end of the first period of employment; and
 (d) the combined length of the first period of employment and the second period of employment is at least 12 months; and
 (e) the employee, but for an expected birth or an expected placement of a child, would have a reasonable expectation of continuing engagement by the employer on a regular and systematic basis.

Subdivision B—Guarantee of maternity leave