Holidays (Employees) Act, 1939

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Continuous employment.

4.—(1) Where the employment of a worker with a particular employer is interrupted by reason of the illness of such worker, the temporary cessation of the work on which he is so employed, the temporary reduction of the weekly quantity of such work, or any other temporary cause not due to the act or default of such worker, such worker shall, for the purpose of reckoning any period of continuous employment with such employer within the meaning of this Act, be deemed to have been in the employment of such employer during such interruption if, but only if, the following conditions are complied with, that is to say:—

(a) at the end of such interruption such worker returns to employment with the employer with whom he had been employed immediately before such interruption, and

(b) the duration of such interruption does not exceed one month.

(2) Where a worker who is a member of the Reserve Force of the Defence Forces of Ireland is absent from his employment for the purpose of attending and performing his duty as such member at any initial training, annual training, or test mobilisation, such worker shall, for the purpose of reckoning any period of employment or of continuous employment within the meaning of this Act, be deemed to have been in his said employment during his said absence, and accordingly the period of his said absence shall for the purposes of this Act be reckoned in the said period of employment or continuous employment.