Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) Subject to this Act, an employee is entitled to a period of 28 consecutive days leave annually after completing each 12 months continuous qualifying service.
(2) Where an employee who is a shift worker is required to work ordinary hours regularly on a Sunday or a public holiday, that employee shall be entitled, in addition to the amount of annual leave referred to in subsection (1), to a further 7 consecutive days leave.
(3) Where an employee with 12 months continuous qualifying service is engaged for part of the 12 months as a 7-day shift worker, the employee shall be entitled to, in addition to the period of 28 consecutive days annual leave prescribed by subsection (1), a further half day for each month during which the employee so continuously served.
(4) Subject to sections 10 and 11, an employer shall not pay to an employee and an employee shall not accept any amount in lieu of leave to which the employee is or may become entitled under this Act.
(5) Subject to subsection (6), a period of annual leave under this Act is to be calculated inclusive of days that are not working days but is not to include public holidays.
(6) If, during the period of an employee's annual leave, a public holiday is observed on a day that would have been an ordinary working day for the employee, there shall be added to the period of the employee's annual leave time equal to the ordinary time that the employee would have worked if that day had not been a public holiday.
(7) Where a public holiday falls within an employee's period of annual leave and an employee fails without reasonable cause to attend for work at the employee's ordinary starting time on the working day immediately following the last day of the period of the employee's annual leave, the employee shall not be entitled to be paid for such public holiday.
(8) Where an employee is entitled to annual leave under this Act, the employer must grant the leave and the employee shall take the leave in one continuous period or, where the employer and employee agree, in separate periods, not exceeding 3.
(9) Annual leave shall be taken at a time agreed between an employer and employee or fixed by the employer within a period not exceeding 12 months after the date when the right to annual leave accrued and after not less than 28 days notice to the employee.