Start counting your 12 week qualifying period from your first day at work.
We ask you to complete a Declaration of work form so we know if you have any weeks that can count towards this qualifying period.
You don’t have to be at work for 12 weeks in a row – some types of leave count and there can be breaks.
- Don’t count days on sick leave or a break
- The qualifying period will pause for sick leave or breaks. Don’t count the days when:
- you take a break of 6 weeks or less
- you’re on leave due to sickness or injury for up to 28 weeks
- you take annual leave you’re entitled to
- the workplace closes, for example for Christmas or industrial action
- you’re on jury service for up to 28 weeks
- Count time off for pregnancy, paternity or adoption
Your 12 week qualifying period will continue through time off you have for:
- pregnancy and up to 26 weeks after childbirth
- adoption leave
- paternity leave
- If your leave is more than 12 weeks you’ll qualify for equal treatment when you return to work.
Start from zero for a new job or role
Your 12 weeks will start again if you:
- get a new job at a different workplace
- have a break of more than 6 weeks between jobs at the same workplace
- stay at your workplace but take a new role that’s ‘substantively different’
A substantively different role is one that’s completely new, different work. It could be a combination of different:
- skills, or requiring new training
- pay rate
- working hours