Q: We have an employee that has been working for us mainly during school holidays since November 2021
The employee was not working every week during the employment, including the first 6 months. The employee has not worked at least 10 hours per week AND at least 1 hour per week OR 40 hours per month every month
Based on the facts above, the questions are
- Would the employee be considered to have completed 6 months continuous employment under s63(1)(a)?
2. If the employee has not worked every week during her employment and not 40 hours every month. Does this mean that the employee has also not met the six-month, nine-month or 12-months work test under s63(1)(b)?
3. Therefore the employee is not entitled to sick leave??
A: If you have conducted and assessment and the employee does not meet the criteria set under s63(1)(a) and (b) then the employee is not eligible for sick leave provided under the act.