Calculating Continuous Service Sample Clauses

Calculating Continuous Service. In calculating the period of continuous service of any Employee, any interruption or absence of a kind mentioned in sub-clauses (e)(i)-(v) shall be counted as part of the period of her/his service, but any interruption or absence of a kind mentioned in sub-clauses (e)(iv)-(xi) shall not be counted as part of the period of service unless it is so authorised in writing by the Employer.
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Calculating Continuous Service a. Periods that count towards Continuous Service (i) an absence from work on any form of paid leave (e.g. annual leave, personal leave, long service leave and paid parental leave); (ii) any interruption or ending of employment by the Employer if made with the intention of avoiding obligations in respect of long service leave or annual leave; (iii) any absence on account of illness or injury arising out of or in the course of the employment for a period during which an Employee is receiving accident pay (see clause 90); (iv) any leave of absence of the employee where the absence is authorised in advance in writing by the Employer to be counted as service; (v) any absence from employment on defence service in accordance with section 8 of the Defence Reserve Service (Protection) Xxx 0000 (Cth); (vi) a period of absence on community service leave under the Act; (vii) in the case of unpaid absences not otherwise referenced in this subclause, subject to clause 67.9: (A) any unpaid leave that is authorised in advance in writing by the Employer to count as service; or (B) up to (but not including) [the commencement date of this Agreement], any unpaid absence from work of not more than fourteen days in any year on account of illness or injury; or (C) on and from [the commencement date of this Agreement]: (1) any period of unpaid leave taken on account of illness or injury; (2) a period of Parental Leave, including Parental Leave that is extended under clause 70.10 and 70.11; and (3) the first 52 weeks of any other type of unpaid leave not specifically referenced in this subclause 67.5a(vii); and (viii) periods of regular and systematic casual employment with an Employer, Statutory Body, Institution or the Australian Red Cross Blood Service (however titled) in Victoria, including prior service as an Other Casual Employee, save that if long service leave was already taken or paid in lieu in respect of any such period, no further benefit to long service leave will arise in respect of that period. b. Periods that do not break Continuous Service, but do not count towards Continuous Service Unless otherwise agreed in writing in advance between the Employer and Employee, the following periods do not break Continuous Service but do not count towards an employee's Continuous Service for the purpose of calculating the employee's long service leave entitlement: (i) any authorised period of unpaid leave not referred to in sub-clause 67.5a; (ii) subject to the requirements of t...
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Calculating Continuous Service. (f) In calculating the period of continuous service of any Employee, any interruption or absence of a kind mentioned in sub-clauses (e)(i)-(v) shall be counted as part of the period of her/his service, but any interruption or absence of a kind mentioned in sub-clauses (e)(iv)-(xi) shall not be counted as part of the period of service unless it is so authorised in writing by the Employer. (g) The onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the Employee concerned. A certificate in the following form shall constitute acceptable proof. Certificate of Service (Name of Institution) (Date) This is to certify that (Name of Employee) has been employed by this Institution/Society/Board for a period of (Years/Months/etc.) from (Dates) to Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination: Specify hereunder full details of Long Service Leave granted during service or on termination:
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Calculating Continuous Service. (vi) In calculating the period of continuous service of any employee, any interruption or absence of a kind mentioned in clauses 24.2(b) (v)(A) to 24.2(b) (v)(F) shall be counted as part of the period of her/his service, but any interruption or absence of a kind mentioned in clauses 24.2(b) (v)(F)to 24.2(b) (v)(K)of the said clause shall not be counted as part of the period of service unless it is so authorised in writing by the employer. (vii) The onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement shall at all times rest upon the employee concerned. A certificate in the following form shall constitute acceptable proof. Certificate of Service (Name of Institution) (Date) This is to certify that (Name of Employee) has been employed by this Institution/Society/Board for a period of (Years/Months/etc.) from (Dates) to Specify hereunder full details of paid or unpaid leave or absences including periods represented by payment made in lieu of leave on termination: Specify hereunder full details of Long Service Leave granted during service or on termination:
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Calculating Continuous Service. (a) Service With More Than One Employer (i) The continuous service of an Employee with an Institution or Statutory Body will include service for which long service leave or payment in lieu has not been received from one or more Institutions or Statutory Bodies, save that: A. when calculating the aggregate of continuous service, any period of employment with an Institution or Statutory Body of less than six months will be disregarded; and B. the onus of proving a sufficient aggregate of service to support a claim for any long service leave entitlement will at all times rest upon the Employee concerned. A Certificate of Service in accordance with Appendix 6 or a similar form will constitute acceptable proof. An Employer will provide an Employee whose employment is ending a Certificate of Service in accordance with Appendix 6 upon request. C. Upon request by an Employee who is entitled to Long Service Leave in accordance with this clause 72, an Employer must provide to the Employee a Certificate of Service in accordance with Appendix 6 or a similar form if the Employee continues to be employed as a casual Employee by the Employer. Service an Employee had with an Employer that counts as service for the purposes of the long service leave entitlement in this clause 72 will not count as service with that Employer for the purposes of the Employee’s casual long service leave entitlement in subclause 20. Example 1: An Employee resigns after 10 years’ service with Employer A. The Employee elects under subclause 72.8 to not receive payment in lieu of the 4 months Long Service Leave (LSL) that has accrued. Within the allowable period (as defined above), the Employee commences employment with Employer B and provides a certificate of service to Employer B indicating they have 10 years service. After 5 years service with Employer B, the Employee wishes to take LSL. As the Employee has 15 years service with Employer B for the purposes of LSL (10 years of which is service that was accrued with Employer A) the Employee is entitled to xxxx 0 months LSL. Example 2: An Employee resigns after 7 years’ part-time service with Employer
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Calculating Continuous Service a. Periods that count towards Continuous Service: i. the taking of any annual leave or long service leave; ii. any absence from work of not more than 14 days in any 1 year on account of illness or injury or if applicable such longer period as provided in the Personal Leave clause of this Agreement; iii. any interruption or ending of the employment by GenesisCare if the interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave; iv. any absence on account of injury arising out of or in the course of the employment of the Employee for a period during which payment is made under the Accident pay clause of this Agreement; v. any absence from employment on defence service in accordance with section 8 of the Defence Reserve Service (Protection) Act 2001 (Cth) (which does not form part of this Agreement); vi. the taking of any Company-paid parental leave as provided for under subclause 37.2.a, 37.2.b or 37.4; vii. any absence from work (following the Commencement Date) for no longer than 40 weeks (in total) due to unpaid parental leave (irrespective of the number of times an Employee accesses parental leave in accordance with clause 37); and
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Calculating Continuous Service 
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Related to Calculating Continuous Service

  • Calculation of Continuous Service In determining the period of continuous service of employees on the active payroll for the purpose of vacation entitlement and Article

  • Continuous Service The Parties shall continue providing services to each other during the pendency of any dispute resolution procedure, and the Parties shall continue to perform their obligations (including making payments in accordance with Article IV, Section 4) in accordance with this Agreement.

  • Termination of Continuous Service Except as otherwise provided in this Section 3, the unvested portion of the award shall be forfeited as of the date (the “Termination Date”) that the Grantee actually ceases to provide services to the Company or any Affiliate in any capacity of Employee, Director or Consultant (irrespective of whether the Grantee continues to receive severance or any other continuation payments or benefits after such date) (such cessation of the provision of services by Grantee being referred to as “Service Termination”). A Service Termination shall not occur and Continuous Service shall not be considered interrupted in the case of (i) any approved leave of absence, (ii) transfers among the Company, any Subsidiary or Affiliate, or any successor, in any capacity of Employee, Director or Consultant, or (iii) any change in status as long as the individual remains in the service of the Company or a Subsidiary or Affiliate in any capacity of Employee, Director or Consultant.

  • Period of Continuous Service Period of Notice Up to 1 Year 1 Week More than 1 Year but less than 3 Years 2 Weeks More than 3 Years but less than 5 Years 3 Weeks More than 5 Years 4 Weeks

  • Termination of Service (a) If, prior to the Expiration Date, the Participant’s Service with the Company shall terminate (the date of termination being the “Date of Termination”) by reason of a Normal Termination (as defined in the Plan), the Options shall remain exercisable until the earlier of the Expiration Date or the day three (3) months after the Date of Termination to the extent the Options were vested and exercisable as of the Date of Termination. (b) If the Participant’s Service with the Company shall cease prior to the Expiration Date by reason of death or disability, or the Participant shall die or become disabled while entitled to exercise any of the Options pursuant to paragraph 3(a), the Participant or the Participant’s legal representative, or, in the case of death, the executor or administrator of the estate of the Participant or the person or persons to whom the Options shall have been validly transferred by the executor or administrator pursuant to will or the laws of descent and distribution, shall have the right, until the earlier of the Expiration Date or one year after the date of death or disability, to exercise the Options to the extent that the Participant was entitled to exercise them on the date of death or disability. (c) If, prior to the Expiration Date, the Participant’s Service with the Company is terminated for “Cause” (as defined in the Plan), (i) unless otherwise provided by the Committee, the Options, to the extent not exercised as of the Date of Termination, shall lapse and be canceled, and (ii) all shares of Common Stock received pursuant to an exercise of the Options after such termination, in contravention of subsection (i) above, may be purchased by the Company at its discretion for the exercise price of such shares paid by the Participant. If the Participant’s Service relationship with the Company is suspended pending an investigation of whether the Participant shall be terminated for Cause, all the Participant’s rights with respect to the Options shall be suspended during the period of investigation. (d) If, prior to the Expiration Date, the Participant’s Service with the Company is terminated other than for Cause, a Normal Termination, death or disability, the Options, to the extent then vested and exercisable as of the Date of Termination, shall remain exercisable until the earlier of the Expiration Date or thirty (30) days after the Date of Termination. (e) After the expiration of any exercise period described in any of Sections 3(a) - (d) hereof, or otherwise upon the Expiration Date, the Options shall terminate together with all of the Participant’s rights hereunder, to the extent not previously exercised.

  • Employment Deemed Continuous ‌ The service of an employee who is absent from work in accordance with this article shall be considered continuous for the purpose of Articles 18 (Vacation Entitlement) and 25 (Health Care Plans). The Employer shall continue to make payments to Health and Welfare Plans, in the same manner as if the employee were not absent where the employee elects to pay his or her share of the cost of the plans.

  • Continuous Operation The work week shall provide for continuous operation based on a seven (7) day week, twenty-four (24) hours per day.

  • Continuous Employment For purposes of this Agreement, the continuous employment of the Grantee with the Company or a Subsidiary shall not be deemed to have been interrupted, and the Grantee shall not be deemed to have ceased to be an employee of the Company or Subsidiary, by reason of (a) the transfer of the Grantee’s employment among the Company and its Subsidiaries or (b) an approved leave of absence.

  • TERMINATION FOR DISABILITY OR DEATH (a) Termination of Executive’s employment based on “Disability” shall be construed to comply with Section 409A of the Internal Revenue Code and shall be deemed to have occurred if: (i) Executive is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 months; (ii) by reason of any medically determinable physical or mental impairment that can be expected to result in death, or last for a continuous period of not less than 12 months, Executive is receiving income replacement benefits for a period of not less than three months under an accident and health plan covering employees of the Bank or the Company; or (iii) Executive is determined to be totally disabled by the Social Security Administration. The provisions of Sections 6(b) and (c) shall apply upon the termination of the Executive’s employment based on Disability. Upon the determination that Executive has suffered a Disability, disability payments hereunder shall commence within thirty (30) days. (b) Executive shall be entitled to receive benefits under all short-term or long-term disability plans maintained by the Bank for its executives. To the extent such benefits are less than Executive’s Base Salary, the Bank shall pay Executive an amount equal to the difference between such disability plan benefits, Social Security disability benefits and the amount of Executive’s Base Salary for the longer of one (1) year following the termination of his employment due to Disability or the remaining term of this Agreement, which shall be payable in accordance with the regular payroll practices of the Bank. (c) The Bank shall cause to be continued non-taxable medical and dental coverage substantially comparable, as reasonably available, to the coverage maintained by the Bank for Executive prior to the termination of his employment based on Disability, except to the extent such coverage may be changed in its application to all Bank employees or not available on an individual basis to an employee terminated based on Disability. This coverage shall cease upon the earlier of (i) the date Executive returns to the full-time employment of the Bank; (ii) Executive’s full-time employment by another employer; (iii) expiration of the remaining term of this Agreement; or (iv) Executive’s death. (d) In the event of Executive’s death during the term of this Agreement, his estate, legal representatives or named beneficiaries (as directed by Executive in writing) shall be paid Executive’s Base Salary at the rate in effect at the time of Executive’s death in accordance with the regular payroll practices of the Bank for a period of one (1) year from the date of Executive’s death, and the Bank shall continue to provide non-taxable medical, and dental insurance benefits normally provided for Executive’s family (in accordance with its customary co-pay percentages) for twelve (12) months after Executive’s death. Such payments are in addition to any other life insurance benefits that Executive’s beneficiaries may be entitled to receive under any employee benefit plan maintained by the Bank for the benefit of Executive, including, but not limited to, the Bank’s tax-qualified retirement plans.

  • Forfeiture upon Termination of Status as a Service Provider Notwithstanding any contrary provision of this Award Agreement, the balance of the Restricted Stock Units that have not vested as of the time of Participant’s termination as a Service Provider for any or no reason and Participant’s right to acquire any Shares hereunder will immediately terminate.