(1) Continuous employment shall commence from and include the first day on which an employee begins to work for an employer, and shall continue up to and include the date of termination of employment where that employment has not been interrupted for the reasons laid down under subsection (3).
(Amended by Act 6 of 2011)
(2) It shall be presumed, unless the contrary is shown, that the employment of an employee with an employer is continuous whether or not the employee remains in the same post, position, department or branch.
(3) An employee's continuous employment shall not be treated as interrupted if the employee is absent from work—
(a) because of taking maternity leave, leave for serious family responsibility, sick leave whether certified or uncertified, any other leave in accordance with any provision of this Act, or any law in force or contract or agreement;
(b) because of suspension, with or without pay, in accordance with any law in force or any contract or agreement;
(c) whilst awaiting a determination of a claim of unfair dismissal in accordance with the provisions of this Act, if that claim is successful;
(d) whilst temporarily laid-off by the employer in accordance with section 148;
(e) due to a temporary inability to work on account of an occupational disease or accident until such time as employment is terminated for reason of incapacity due to illness or injury in accordance with this Act;
(f) due to a lock out;
(g) with the permission of his or her employer or the employer's agent;
(h) due to a temporary cessation of the work;
(i) due to circumstances such that, by arrangement, custom or law, the employee is regarded as continuing in the employment of the employer;
(j) due to any act of God, civil commotion or riot;
(k) whilst on jury service, public duty or national service; or
(l) due to absence from work on vacation, paid or unpaid.
(4) Any periods of time elapsing in the circumstances referred to in subsection (3) shall count for the purpose of calculating the continuous period of employment.
(5) Any period of employment elapsing between the end of the probationary period if any, and the commencement of employment with the same employer shall, where that period immediately follows the probationary period, in addition to the probationary period, count for the purpose of calculating the continuous period of employment.
(6) Any period during which an employee is absent from work because of his or her participation in a strike shall not interrupt the continuity of employment.
(7) Periods of short term contracts granted in succession with less than thirty days intervals shall count for the purpose of calculating the continuous period of employment.
(8) Acceptance of severance pay or of pay in lieu of notice by an employee shall terminate the continuous period of employment.