Q: In the context of section 63, sick leave for casual employees, what constitutes a break in continuous employment? Typically with casuals, there are gaps throughout the working week/month. How big does the gap need to be before employment is no longer considered continuous so we have to use 63(1)(b) (work test) to assess sick/FVL/Bereavement leave eligibility?

A: Casuals do not have continuous employment (as and when required, no expectation to work, no pattern of continuous employment)

Under Section 63(1)(b) look for the “and” and “or” as the casual does not need to work continuously to get SL. If is based over the 6 months period. 

This is what is used: Average of 10 hours a week, 1 hour in every week or no less than 40 hours every month not about gaps between when the work to when they last worked.

63Entitlement to sick leave and bereavement leave
(1)
An employee is entitled to sick leave and bereavement leave in accordance with this subpart—
(a)
after the employee has completed 6 months’ current continuous employment with the employer; or
(b)
if, in the case of an employee to whom subsection (1)(a) does not apply, the employee has, over a period of 6 months, worked for the employer for—
(i)
at least an average of 10 hours a week during that period; and
(ii)
no less than 1 hour in every week during that period or no less than 40 hours in every month during that period.