Q: Every pay cycle we run a holiday anniversary report which also shows us the 6 month anniversary for casual staff from their contract commencement date. At this 6mth anniversary we test for any SL entitlement.1) Can you please confirm it’s correct that we test 6mths from contract commencement date and NOT from the 1st pay period they may have worked e.g. employed 1st March, but didn’t work until 1st April. Based on the date it could be the difference between NOT qualifying for 6 months of continuous work from commencement date to Qualifying from 1st April over the next 6 months.

2) On testing if they do NOT qualify, they will be retested at the next 6mth date (actually their 12mth anniversary since commencement date), and so on each 6 month block until they may qualify for SL, then it would 12 months retest (looking back on prev 6mths continuous).

A: The test should be based on what the act requires which in not from their 6mth ANN but when they meet the following criteria at any time (but usually based from when they start and every 6 months ongoing):

Entitlement 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.