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Define: Break in Service

The meaning of “Break in Service” differs based on where it is used. We list many below, then combine them into one or more market-standard definitions.

How is Break in Service defined in a legal contract?

  • Break in Service means a defined period during which an employee completes 500 or fewer hours of service and isn't considered employed during recognized absences, unless they do not continue their service after the recognized absence. Following the birth or placement of a child with the employee for adoption, the employee should be credited with the hours of service they would have normally been credited with, up to a maximum of 501 hours. Seen in 176 SEC filings.
  • Break in Service means a defined time period when the individual is not employed that ends continuous employment. Seen in 23 SEC filings.
  • Break in Service means a time period over thirty days during which an employee is not at work and is neither in paid leave status nor on approved leave without pay. Seen in 22 SEC filings.
  • Break in Service means a plan year during which an employee has ended employment or is no longer employed, and fails to complete more than five hundred hours of service. Seen in 16 SEC filings.
  • Break in Service means a period of at least 13 consecutive weeks where the employee serves no hours. A break in service can also include any period without hours of service that is at least four consecutive weeks in duration and longer than the preceding employment period. Seen in 15 SEC filings.

Note: pulled this data out of the SEC EDGAR Database of 500,000 records from the past 22 years of filings. We regularly update this page as new filings and definitions come in.

yourself to verify these results. We are always keen to point people to source documents.

Which definition should you use?

🤔 has combined and improved the above descriptions to create market-standard 'Genie definitions' below, with guidance on which documents and which industry to use for each.

Genie Definition 1

Break in Service means a period when an employee is not working or providing service exceeding [Designated Period].

Relevant Contract Types

Relevant Circumstances

  • Employee leaves of absences
  • Temporary business closures
  • Contractual pauses in service

Relevant Sectors

Genie Definition 2

Break in Service means a time of employee inactivity that severs continuous employment.

Relevant Contract Types

Relevant Circumstances

  • Employee termination
  • Change in staffing levels
  • Long-term business closures

Relevant Sectors

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What is the most popular definition of 'Break in Service'?

Break in Service means a period when an employee is not working or providing service exceeding [Designated Period]