Calculation of continuous service for annual leave Sample Clauses

Calculation of continuous service for annual leave. For the purpose of the Agreement a year of employment shall be deemed to be unbroken notwithstanding: (i) any annual leave or long service leave taken therein; any interruption or ending of the employment by the Employer if such interruption or ending is (ii) made with the intention of avoiding obligations in respect of annual leave or long service leave.
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Calculation of continuous service for annual leave. For the purpose of this Agreement a year of employment shall be deemed to be unbroken notwithstanding:
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Calculation of continuous service for annual leave. (a) Continuous employment, for the purposes of clause 24 means weekly employment until termination of employment. (b) For the purpose of clause 24, Service shall be deemed to be continuous notwithstanding: (i) Any interruption or termination of the employment by the employer if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave or absence. (ii) Any absence from work on account of personal sickness or accident or on account of leave lawfully granted by the employer; or (iii) Any absence with reasonable cause, proof whereof shall be upon the employee. (iv) In cases of personal sickness or accident or absence with reasonable cause for the employee to become entitled to the benefit of clause 24.11 they shall inform the employer in writing if practicable, within 24 hours of the commencement of such absence, of their inability to attend for duty and as far as practicable, the nature of the illness, injury or cause and the estimated duration of their absence. A notification given by an employee pursuant to clause 25, Personal/Xxxxx’s Leave, shall be accepted as a notification under this clause. (v) Any absence from work by reason of any cause not being a cause specified in clause 24.11(b) shall not be deemed to break the continuity of Service for the purpose of clause 24.11, unless the employer during the absence or within 14 days of the termination of the absence notifies the employee, in writing, that such absence will be regarded as having broken the continuity of Service. (vi) In cases of absenteeism such notice shall be given in writing to the employee concerned. (vii) Notice to an employee may be given by delivering it to the employee personally, or by posting it to their recorded address, in which case it shall be deemed to have reached them in due course of post.
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Calculation of continuous service for annual leave. Subject to the provisions of this subclause, continuity of service shall not be deemed to have been broken by: 24.9.1 any interruption or determination of the employment by the employer if such interruption or determination has been made with the intention of avoiding obligations under this clause in respect of the allowance of leave; 24.9.2 any absence on account of leave granted to or imposed upon the employee; 24.9.3 any absence from work, not exceeding fourteen days in a qualifying period of twelve months, on account of sickness or accident; provided that an employee with an accumulation of sick leave entitlement in excess of fourteen days may be absent for the period of not more than 21 days in a twelve monthly period; 24.9.4 any absence due to reasonable cause (other than as set out in clauses 24.9.2, or 24.9.5 in calculating a period of twelve months continuous service
Sample 1
Calculation of continuous service for annual leave. Continuous employment, for the purposes of clause 7.1, means weekly employment until termination of employment. For the purpose of clause 7.1 Service shall be deemed to be continuous notwithstanding: any interruption or termination of the employment by Xxxxxx if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave or absence; any absence from work on account of personal sickness or accident or on account of leave lawfully granted by Xxxxxx; or any absence with reasonable cause, proof whereof shall be upon the Employee. Any absence from work by reason of any cause not being a cause specified above shall not be deemed to break the continuity of Service for the purpose of this clause, unless Xxxxxx during the absence or within fourteen (14) days of the termination of the absence notifies the Employee, in writing, that such absence will be regarded as having broken the continuity of Service. A notice to an individual Employee may be given by delivering it to the Employee personally, or by posting it to their recorded address, in which case it shall be deemed to have reached them in due course of post. In calculating the period of twelve (12) months' continuous Service, any such absence as aforesaid shall not, except to the extent of not more than thirteen (13) weeks in a twelve (12) monthly period in the case of sickness or accident, be taken into account in calculating the period of twelve (12) months' continuous Service.
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Calculation of continuous service for annual leave. (a) For the purpose of this clause 14.3.8, Service shall be deemed to be continuous notwithstanding: (i) Any interruption or termination of the employment by the Company if such interruption or termination has been made merely with the intention of avoiding obligations in respect of leave or absence. (ii) Any absence in accordance with the Act from work on account of personal sickness or accident or on account of leave lawfully granted by the Company. (iii) Any absence with reasonable cause, proof whereof shall be upon the employee. (iv) In cases of personal sickness or accident or absence with reasonable cause for the employee to become entitled to the benefit of this clause, they shall inform the Company in writing if practicable, within 24 hours of the commencement of such absence, of their inability to attend for duty and as far as practicable, the nature of the illness, injury or cause and the estimated duration of their absence. A notification given by an employee pursuant to clause 14.1.5 (personal leave) shall be accepted as a notification under this clause. (v) Any absence from work by reason of any cause not being a cause specified in clause 14.3.8 (a) shall not be deemed to break the continuity of Service for the purpose of clause 14.3.8, unless the Company during the absence or within 14 days of the termination of the absence notifies the employee, in writing, that such absence will be regarded as having broken the continuity of Service. (vi) In cases of individual absenteeism such notice shall be given in writing to the employee concerned but in cases of concerted or collective absenteeism notice may be given to employees by the posting up of a notification in a position reasonably accessible to them in the manner in which general notifications to employees are usually made by the Employer. (vii) A notice to an individual employee may be given by delivering it to the employee personally, or by posting it to their recorded address, in which case it shall be deemed to have reached them in due course of post. (viii) In calculating the period of 12 months' continuous Service, any such absence as aforesaid shall not, except to the extent of not more than 13 weeks in a 12 monthly period in the case of sickness or accident, be taken into account in calculating the period of 12 months' continuous Service.
Sample 1
Calculation of continuous service for annual leave. For the purposes of this Agreement a year of employment shall be deemed to be unbroken notwithstanding: (a) any annual leave or long service leave taken therein; (b) any interruption or ending of the employment by the company if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave; (c) any absence on account of leave (other than annual leave or long service leave) granted, imposed or agreed to by the Company; (d) any absence on any other account not involving termination of employment and in calculating a year of employment any absence of a kind mentioned in clause 31.8(a), 31.8(b) of this sub-clause shall be counted as part of the year of employment but in respect of absences of a kind mentioned in clause 31.8(c) of this clause it will be necessary for the employee as part of his or her qualification for annual leave to serve such additional period as equals the period of such absences.
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Related to Calculation of continuous service for annual leave

  • 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

  • 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 for Cause Upon a termination of the Participant’s Service by the Company for Cause the Option, including the Vested Portion, shall immediately terminate and be forfeited without consideration.

  • 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.

  • Payment for annual leave (a) Before going on annual leave, an employee will be paid the amount of wages they would have received for ordinary time worked had they not been on leave during that period. (b) At the election of the employee such payments may be paid in accordance with the usual pay day relevant to the period of leave being taken.

  • NO EXPECTATION OF CONTINUED EMPLOYMENT BEYOND TERM OF CONTRACT Neither this contract nor any Board Policy, rule or evaluation procedure shall confer upon the Employee continued employment beyond the term provided in this contract.

  • Exercise Period Upon Death or Disability If the Participant dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Final Exercise Date while he or she is an Eligible Participant and the Company has not terminated such relationship for “cause” as specified in paragraph (e) below, this option shall be exercisable, within the period of one year following the date of death or disability of the Participant, by the Participant (or in the case of death by an authorized transferee), provided that this option shall be exercisable only to the extent that this option was exercisable by the Participant on the date of his or her death or disability, and further provided that this option shall not be exercisable after the Final Exercise Date.

  • 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.

  • 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.

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